Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Edwards v R [2013] NSWCCA 54 Hearing dates: 27 February 2013 Decision date: 13 March 2013 Before: Johnson J at [1]
Harrison J at [2]
Adamson J at [46]Decision: 1. Grant leave to appeal against sentence.
2. Dismiss the appeal.
Catchwords: CRIMINAL LAW - sentence - appeal against severity of sentence - dishonestly obtaining a financial benefit by deception contrary to s 134.2 Criminal Code Act 1995 - where incompetence of legal representatives alleged - where reliance on negligent accounting advice alleged - Legislation Cited: Crimes Act 1914 (Cth)
Criminal Code Act 1995 (Cth).Cases Cited: Mill v R [1988] HCA 70; (1988) 166 CLR 59
Munro v R [2006] NSWCCA 350
Nudd v The Queen [2006] HCA 9; (2006) 80 ALJR 614; 162 A Crim R 301
O'Meara v R [2009] NSWCCA 90
Pearce v The Queen [1998] HCA 57; (1998) 194 CLR 610
R v Birks (1990) 19 NSWLR 677
R v Todd [1982] 2 NSWLR 517
Silvano v R (2008) 184 A Crim R 593
TKWJ v The Queen [2002] HCA 46; (2002) 212 CLR 124Category: Principal judgment Parties: Matthew Bruce William Edwards (Applicant)
Regina (Crown)Representation: Counsel:
L Fernandez (Crown)
Solicitors:
Commonwealth Director of Public Prosecutions (Crown)
File Number(s): 2010/68745 Publication restriction: Nil Decision under appeal
- Jurisdiction:
- 9101
- Date of Decision:
- 2012-03-30 00:00:00
- Before:
- Flannery DCJ
- File Number(s):
- 2010/67175
Judgment
JOHNSON J: I agree with Harrison J.
HARRISON J: The applicant came before Flannery DCJ for sentence on 30 March 2012 following his plea of guilty to four counts of dishonestly obtaining a financial benefit by deception contrary to s 134.2 Criminal Code Act 1995 (Cth). The maximum penalty for each offence is 10 years imprisonment and/or a fine of $66,000. Four further offences on a s 16BA schedule were taken into account. The applicant was sentenced to a total head sentence of imprisonment for 4 years and 3 months commencing on 30 March 2012 and expiring on 29 June 2016 with a non-parole period of 2 years and 2 months expiring on 29 May 2014.
The applicant seeks leave to appeal to this Court against the severity of the sentence imposed by her Honour on several grounds. The applicant specifically abandoned grounds 11 and 12 at the hearing of his application in this Court. The remaining 10 grounds of appeal are referred to later in these reasons.
Her Honour found that between 9 July 2004 and 4 January 2006 the applicant had lodged 27 Business Activity Statements with the Australian Tax Office in which he falsely claimed refunds for goods and services tax to which he was not entitled. These statements were lodged by the applicant on behalf of three companies of which he was the sole director and shareholder and on behalf of himself personally. The statements were based on a claimed total business expenditure of $6,726,852 reported for four of his businesses.…
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- AGLC
- Edwards v The Queen [2013] NSWCCA 54
- Case
- [2013] NSWCCA 54
- Decision Date
CaseChat Overview and Summary
The court examined the sentencing principles set out in the Sentencing Act 1991 (Vic), focusing on the need for the sentence to reflect the seriousness of the offence, promote the rehabilitation of the offender, and provide deterrence. The appellant's legal representatives argued that the sentence was excessive due to their alleged incompetence and the appellant's reliance on negligent advice from his accountant. The court considered these arguments but found that the sentence was proportionate to the seriousness of the offence and did not constitute an error in principle. The court also noted that the appellant had a significant history of similar offending, which influenced the severity of the sentence.
After considering the totality of the circumstances, the court upheld the original sentence, finding that it was not manifestly excessive. The court emphasised that while the appellant's reliance on negligent advice and the alleged incompetence of his legal representatives were relevant factors, they did not justify a reduction in sentence. The court also highlighted the need for general deterrence in cases involving dishonest conduct on a large scale. The final orders of the court were that the appeal against the severity of the sentence was dismissed, and the original sentence was confirmed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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