PC v The Queen

Case [2020] NSWCCA 147


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: PC v R [2020] NSWCCA 147
Hearing dates: 29 April 2020
Decision date: 01 July 2020
Before: Bathurst CJ at [1];
Hoeben CJ at CL at [2];
Harrison J at [143]
Decision:

(1)   Leave to appeal granted.

(2)   The appeal is dismissed.

Catchwords:

CRIMINAL LAW – appeal against sentence – 11 offences of dishonestly obtaining a financial advantage by deception – 10 further offences of the same kind on three Forms 1 – $3.6 million unaccounted for – whether sentencing judge erred in failing to assess the objective seriousness of the offences – whether sufficient discount for assistance to authorities allowed – whether sentence imposed was manifestly excessive – objective seriousness of offences properly assessed – no error in discount allowed for assistance – sentence not manifestly excessive – error in formulation of indicative sentences – requirement to set out basis for differences between indicative sentences – error in formulation of indicative sentences not sufficient to require change in the aggregate sentence – appeal against sentence dismissed.

Legislation Cited:

Court Suppression and Non-Publication Orders Act 2010) (NSW) – s 7

Crimes Act 1900 (NSW) – s 192E(1)(b)

Crimes Amendment (Fraud Identity and Forgery Offences) Act 2009 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 21A, 23

Criminal Appeal Act 1912 (NSW) – s 5(1)(c)

Cases Cited:

AB v The Queen [1999] HCA 46;198 CLR 111

Barbaro v The Queen; Zirilli v The Queen (2014) CLR 253 CLR 58; [2014] HCA 2

Baumer v The Queen [1988] HCA 67; 166 CLR 51

Bland v R (2014) 241 A Crim R 51/ [2014] NSWCCA 82

Book v R [2018] NSWCCA 58

Cahyardi v Regina [2007] NSWCCA 1; 168 A Crim R 41

DV v R [2017] NSWCCA 276

Frigiani v R [2007] NSWCCA 81

Gal v R [2015] NSWCCA 242

House v The King (1936) 55 CLR 499; [1936] HCA 40

Haouchar v R [2014] NSWCCA 227

Hili v R; Jones v R [2010] HCA 45; 242 CLR 520

Hraiki v R [2019] NSWCCA 140

Hughes v R [2013] NSWCCA 129

Hurst v R [2017] NSWCCA 114

Hutchinson v R [2014] NSWCCA 317

JM v R; [2014] NSWCCA 297; 246 A Crim R 528

Johnston v R [2017] NSWCCA 54

Kentwell v The Queen [2014] HCA 37; 88 ALJR 947

Kerr v R [2016] NSWCCA 218

LB v R [2013] NSWCCA 70

Markarian v The Queen [2005] HCA 25; 228 CLR 357

Matthew v R [2014] NSWCCA 185

Mitchell v Regina [2006] NSWCCA 72

Muldrock v The Queen [2011] HCA 39; 244 CLR 120

Obeid v R [2017] NSWCCA 221

PG v R (2017) 268 A Crim R 61; [2017] NSWCCA 179

Pearce v The Queen [1998] HCA 57; 194 CLR 610

Power v Regina [2002] NSWCCA 244

R v Brown [2012] NSWCCA 199

R v Campbell [2014] NSWCCA 102

R v Ehrlich [2012] NSWCCA 35

R…

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PC v The Queen [2020] NSWCCA 147
Case
[2020] NSWCCA 147
Decision Date

CaseChat Overview and Summary

The appellant, PC, was convicted of a series of offences involving the dishonest acquisition of financial advantage through deception. The total value of the unaccounted funds was $3.6 million. PC appealed against the sentence imposed by the sentencing judge, arguing that the judge failed to properly assess the objective seriousness of the offences, did not adequately discount the sentence for PC’s assistance to the authorities, and that the sentence was manifestly excessive.

The central legal issues before the court were whether the sentencing judge correctly assessed the objective seriousness of the offences, if the discount for assistance to the authorities was sufficient, and whether the sentence was manifestly excessive. The court held that the sentencing judge had correctly assessed the objective seriousness of the offences, noting that the offences involved a substantial amount of money obtained through deceit over an extended period. Regarding the discount for assistance, the court found that the sentencing judge had appropriately considered the assistance provided and had applied an adequate discount. The court also rejected the argument that the sentence was manifestly excessive, observing that the sentence reflected the gravity of the crimes committed.

In conclusion, the court found no basis to alter the sentence imposed by the original sentencing judge. The appeal against sentence was dismissed, with the court emphasising the need for sentencing judges to provide clear reasoning when formulating indicative sentences, but finding that the error in this case did not necessitate a change in the aggregate sentence.

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

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Ratio Decidendi

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