New South Wales
Court of Criminal Appeal
CITATION: JM v R [2008] NSWCCA 254 HEARING DATE(S): 24 October 2008
JUDGMENT DATE:
5 November 2008JUDGMENT OF: McClellan CJ at CL at 1; Nettle AJA at 2; Simpson J at 3 DECISION: Leave to appeal granted. Appeal dismissed. CATCHWORDS: CRIMINAL LAW - appeal against severity of sentence - series of offences - use false instrument - disposal of stolen property - additional offences - obtaining benefits by deception - stealing - pleas of guilty - discount for past assistance against co-offenders - no discount for offered future assistance - fresh evidence of significance of the assistance - whether allowance should have been made for future assistance - magnitude of offending - leave granted to appeal - appeal dismissed LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 CATEGORY: Principal judgment CASES CITED: R v Willard [2001] NSWCCA 6
Application of Antoun El Hani [2007] NSWSC 330
R v Scullion, (unreported, NSWCCA, 15 July 1992)
R v MJM [2004] NSWCCA 66PARTIES: JM (Applicant)
REGINA (Respondent)FILE NUMBER(S): CCA 2007/3080 COUNSEL: I McCLINTOCK SC (Applicant)
J Girdham (Respondent)SOLICITORS: Brett William Galloway (Applicant)
S Kavanagh (Solicitor for Public Prosecutions)LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 07/11/0028 LOWER COURT JUDICIAL OFFICER: Charteris DCJ LOWER COURT DATE OF DECISION: 26 June 2007
2007/3080
5 November 2008McCLELLAN CJ at CL
NETTLE AJA
SIMPSON J
1 McCLELLAN CJ at CL: I agree with Simpson J.
2 NETTLE AJA: I agree with Simpson J.
3 SIMPSON J: The applicant seeks leave to appeal against the severity of a series of sentences imposed upon him in the District Court on 26 June 2007 following his pleas of guilty to five charges, and his admissions, pursuant to Pt 3, Div 3 of the Crimes (Sentencing Procedure) Act 1999 (“the Sentencing Procedure Act”) of a large number of other, related, offences.
4 Although the issue raised on the application is very narrow, it is, nevertheless, necessary to give an outline of the nature of the charges. In sum, the offences fell into five groups, all of dishonesty in one form or another. Three counts were of using a false instrument, two of disposing of stolen property. Attached to each count was a list of additional offences to be taken into account on a Form 1 under the Sentencing Procedure Act. In all, the applicant admitted his guilt of 46 additional offences. They encompassed further offences of using false instruments, obtaining benefits by deception, and stealing.
5 Each count of using a false instrument exposed the applicant to a maximum penalty of imprisonment for 10 years; each count of disposing of stolen property rendered him liable to a maximum penalty of imprisonment for 12 years. The applicant was sentenced, cumulatively, to an overall term of imprisonment with a non-parole period of 4 years and 3 months and a balance of term of 2 years and 9 months – that is, a head sentence…
Continue reading JM v R
Sign in free to access the full text
- AGLC
- JM v R [2008] NSWCCA 254
- Case
- [2008] NSWCCA 254
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the trial judge had erred in failing to consider the significance of the future assistance offered by JM. The appellant argued that the trial judge should have allowed for this in the sentencing process, particularly in light of the magnitude of the offending. The prosecution, however, maintained that the trial judge had exercised proper discretion in not granting any further discount.
The court found that the trial judge had not erred in not considering the future assistance as a mitigating factor. The magnitude of the offending, coupled with the appellant's criminal history, did not warrant a further discount. The court held that while the offer of future assistance was significant, it was not of such a nature that it should have altered the sentence imposed. The appeal was dismissed, and the original sentence upheld.
The court did not order any variation to the sentence imposed by the trial judge. The appellant's conviction and sentence remained as determined at first instance.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.