R v Fidler

The case of R v Fidler involves an appeal against the sentence imposed by the sentencing judge. The applicant, Fidler, pleaded guilty to 12 counts of dishonestly obtaining, and one count of attempting to obtain, a financial advantage by deception. Fidler was sentenced to 36 months imprisonment on each of the two indictments, with an order for release on recognizance after serving 18 months, conditional on good behaviour for a period of five years. Fidler argued that the sentence was manifestly excessive, particularly given her early guilty pleas, demonstrated remorse, and physical and psychiatric disabilities. The central legal issues for the court were whether the sentencing judge erred in ordering Fidler's release on recognizance after serving a significant portion of the head sentence, and whether the judge erred in imposing a single sentence for all offences on each indictment.

The court examined the sentencing principles and the circumstances of the case, considering the nature and circumstances of the offences, Fidler's early guilty pleas, and her demonstrated remorse. The court also took into account Fidler's physical and psychiatric disabilities, which were argued to warrant a lesser sentence. The court found that the sentencing judge erred in ordering Fidler's release on recognizance after serving 60 to 66 per cent of the head sentence. Additionally, the court held that the sentencing judge erred in imposing one sentence for all offences on each indictment, as this did not adequately reflect the different nature and severity of the individual offences. The court concluded that the sentence imposed was manifestly excessive and thus warranted interference.

As a result, the court allowed Fidler's application for leave to appeal and allowed the appeal. The sentences imposed by the sentencing judge were set aside. The court ordered that for count 1 on each indictment, Fidler be sentenced to three years imprisonment to be released after serving 12 months imprisonment, upon her entering into one recognizance in the sum of $500, to be of good behaviour for a period of five years. The court declared that Fidler had served 13 days pre-sentence custody between 7 July 2009 and 20 July 2009, and ordered that the terms of imprisonment be concurrent. Convictions were recorded but no further penalty was imposed in respect of the other counts on the indictments.