Liles v R (Cth)

Case [2014] NSWCCA 289


Court of Criminal Appeal


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Liles v R (Cth) [2014] NSWCCA 289
Hearing dates:29.10.2014
Decision date: 03 December 2014
Before: Hoeben CJ at CL at [1]
R A Hulme J at [61]
Davies J at [62]
Decision:

(1) The sentences imposed by Schmidt J on 18 October 2012 are quashed.

(2) In lieu thereof the applicant is sentenced as follows:

(i) In respect of Count 1 a sentence of imprisonment for 1 year and 7 months commencing 18 October 2012 and expiring 17 May 2014.

(ii) In respect of Count 2 a sentence of imprisonment for 1 year and 7 months commencing 18 May 2014 and expiring 17 December 2015.

(iii) In respect of Count 3 a sentence of imprisonment for 4 months commencing 18 January 2015 and expiring 17 May 2015.

(iv) In respect of Count 4 a sentence imprisonment for 3 years and 2 months commencing 18 May 2015 and expiring 17 July 2018.

(3) The offender is to be released on 17 April 2016 upon entering a recognizance to be of good behaviour during the balance of the term of imprisonment without lodging cash security.

Catchwords: CRIMINAL LAW - sentence appeal - two counts of conspiracy to defraud Commonwealth and two counts of conspiring to dishonestly cause a loss to the Commonwealth - a further conspiracy dealt with by way of a schedule - accountant engaged in a tax avoidance scheme - offending objectively serious - offender aged 65 and suffering from significant physical disabilities - whether offences on schedule properly taken into account - whether adequate regard had to the principle of equal justice - need to re-sentence - whether offender's medical conditions adequately treated in gaol - re-exercise of sentencing discretion - need to take into account offender's present medical condition - sentence reduced.
Legislation Cited: Crimes Act 1914 (Cth)
Criminal Code 1995 (Cth)
Cases Cited: Baxter v The Queen [2007] NSWCCA 237; 173 A Crim R 284
Douar v The Queen [2005] NSWCCA 455; 159 A Crim R 154
Hili v R; Jones v R [2010] HCA 45; 242 CLR 520
Kentwell v The Queen [2014] HCA 37
R v Boughen; R v Cameron [2012] NSWCCA 17
R v Liles [2012] NSWSC 1249
R v Ronen [2006] NSWCCA 123; 161 A Crim R 300
Category:Principal judgment
Parties: Lynette Kathleen Liles - Applicant
Regina (Cth) - Respondent Crown
Representation:

Counsel:
Mr T Game SC/Ms J Roy - Applicant
Mr P Neil SC/Mr A McGrath - Respondent Crown

Solicitors:
McLachlan Thorpe Partners - Applicant
Commonwealth Director of Public Prosecutions - Respondent Crown
File Number(s):2010/16234
 Decision under appeal 
Citation:
R v Liles [2012] NSWSC 1249
Date of Decision:
18 October 2012
Before:
Schmidt J
File Number(s):
2010/16234
2008/54698

Judgment

  1. HOEBEN CJ at CL:

The applicant pleaded guilty and was sentenced on the following counts:

Count 1 - Between about 1 July 1997 and 23 May 2001 at Sydney NSW and elsewhere…

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AGLC
Liles v R (Cth) [2014] NSWCCA 289
Case
[2014] NSWCCA 289
Decision Date

CaseChat Overview and Summary

In the case of Liles v R, the appellant was convicted on two counts of conspiracy to defraud the Commonwealth and two counts of conspiring to dishonestly cause a loss to the Commonwealth. The offences were part of a broader tax avoidance scheme, with additional conspiracies detailed in a schedule. The appellant, an accountant, was found to have engaged in the scheme, which was deemed objectively serious. The appellant, aged 65 and suffering from significant physical disabilities, appealed against the severity of his sentence. The primary legal issues the court needed to address were whether the offences on the schedule were properly taken into account and if adequate regard was given to the principle of equal justice, necessitating a re-sentencing. Additionally, the court examined whether the offender's medical conditions were adequately treated in prison, requiring a re-exercise of the sentencing discretion with proper consideration of the offender's present medical condition.

The court determined that the original sentencing did not adequately consider the principle of equal justice and the appellant's significant physical disabilities. The offending, while serious, was not of a nature that warranted the original sentence imposed. The court highlighted the importance of treating all offenders equally while taking into account individual circumstances such as age and health. The initial sentencing did not sufficiently address the appellant's medical conditions, both in terms of the severity of the sentence and the adequacy of medical treatment within the prison system. Given these factors, the court found that the sentence needed to be reconsidered.

Upon re-evaluating the sentence, the court found that the appellant's significant physical disabilities and the manner in which they were treated in prison warranted a reduction in sentence. The court acknowledged the seriousness of the offences but recognised the need to balance this with the appellant's health and age. Consequently, the sentence was reduced, reflecting the appropriate consideration of the appellant's current medical condition and the principle of equal justice.

The court's final orders involved a reduction in the appellant's sentence, reflecting a more balanced approach to the sentencing discretion in light of the appellant's medical conditions and the principle of equal justice. This decision underscores the importance of individualised sentencing that takes into account the specific circumstances of the offender, particularly their health and age.

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

HOEBEN CJ

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Ratio Decidendi

Legal Principle Established

Established by: HOEBEN CJ

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