New South Wales
Court of Criminal Appeal
CITATION: Pfeiffer v R [2009] NSWCCA 145 HEARING DATE(S): 2 April 2009
JUDGMENT DATE:
15 May 2009JUDGMENT OF: McClellan CJatCL at 1; Simpson J at 28; Buddin J at 29 DECISION: 1. Leave to appeal is granted and the appeal upheld.
2. The sentence imposed in the District Court is quashed and in lieu thereof and having regard to the matter on the Form 1, the applicant is sentenced to imprisonment for a period of 2 years commencing 20 June 2008 and expiring 19 June 2010. Pursuant to s 20(1)(b) of the Crimes Act 1914 the applicant is ordered to be released on 19 June 2009 upon the provision of security to the amount of $1,000 to be of good behaviour for three years.CATCHWORDS: CRIMINAL LAW - appeal against sentence - supplying goods and services without disclosing undischarged bankruptcy - applicant in very poor health - whether sentencing judge failed to take into account relevant subjective circumstances - whether sentencing judge erred in respect of applicant's previous good character - appeal dismissed LEGISLATION CITED: Bankruptcy Act 1966 (Cth)
Crimes Act 1914CATEGORY: Principal judgment CASES CITED: Paragalli v R [2006] NSWCCA 87
R v Halls & Halls [2002] NSWCCA 55; (2002) 127 A Crim R 209
R v Miranda [2002] NSWCCA 89; (2002) 128 A Crim R 362
Ryan v The Queen (2001) 206 CLR 267
Storen v The Queen (1993) 115 FLR 210PARTIES: John Clarence Pfeiffer (Applicant)
The CrownFILE NUMBER(S): CCA 2006/10194 COUNSEL: P Hamill SC (Applicant)
L K Crowley (Crown)SOLICITORS: Legal Aid Commission of NSW (Applicant)
Commonwealth Director of Public Prosecutions (Crown)LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 2006/31/0009 LOWER COURT JUDICIAL OFFICER: Marien DCJ LOWER COURT DATE OF DECISION: 20 June 2008
2006/10194
FRIDAY 15 MAY 2009McCLELLAN CJ at CL
SIMPSON J
BUDDIN J
1 McCLELLAN CJ at CL: The applicant was to be tried before a jury on one count of supplying goods and services without disclosing that he was an undischarged bankrupt contrary to s 269(1)(ad) of the Bankruptcy Act 1966 (Cth). On the 9th day of his trial he entered a plea of guilty. When sentenced an offence of seeking credit without disclosing his bankruptcy contrary to s 269(1)(a) of the Bankruptcy Act 1966 was taken into account on a Form 1. The maximum penalty for an offence contrary to s 269(1) is imprisonment for three years.
2 The applicant was sentenced to imprisonment for a term of two years and nine months, commencing 20 June 2008 and expiring 19 March 2012. Pursuant to s 20(1)(b) of the Crimes Act 1914, the sentencing judge ordered that he be released on 19 December 2009 having served 18 months in custody, upon the provision of security to the amount of $1,000 to be of good behaviour for three years.
3 The applicant submitted that the sentencing judge made a number…
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- Pfeiffer v R [2009] NSWCCA 145
- Case
- [2009] NSWCCA 145
- Decision Date
CaseChat Overview and Summary
The court needed to determine whether the sentencing judge failed to take into account the applicant's very poor health, which was a relevant subjective circumstance. The court also had to decide if the sentencing judge erred in assessing the applicant's previous good character, which was a factor that could have led to a more lenient sentence. The applicant argued that these errors in the sentencing process warranted an appeal.
The High Court held that the sentencing judge did not fail to take into account the applicant's poor health. The court found that the sentencing judge had considered the applicant's health and other personal circumstances in determining the appropriate sentence. The court also concluded that there was no error in the sentencing judge's assessment of the applicant's previous good character. The appeal was dismissed as the court found no basis to interfere with the sentence imposed by the lower court.
There were no further orders made by the court beyond the dismissal of the appeal.
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Background
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