Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: R v Hawkins [2013] NSWCCA 208 Hearing dates: 19 June 2013 Decision date: 19 June 2013 Before: Hoeben CJ at CL at [1], [51], [59]
RA Hulme J at [52]
RS Hulme AJ at [2]Decision: (i) Allow the appeal;
(ii) Confirm the sentences imposed in respect of counts 1 to 3, viz. imprisonment for 1 year commencing on 9 November 2012 and expiring on 8 November 2013;
(iii) Quash the sentences imposed in respect of counts 4 to 8;
(iv) In respect of each of counts 4 and 5, sentence the Respondent to imprisonment for 1 year and 8 months commencing on 9 November 2013 and expiring on 8 July 2015;
(v) In respect of each of counts 6 and 7, sentence the Respondent to imprisonment for 1 year and 8 months commencing on 9 July 2015 and expiring on 8 March 2017;
(vi) In respect of count 8, sentence the Respondent to imprisonment for 1 year and 8 months commencing on 9 March 2017 and expiring on 8 November 2018.
(vii) Fix as the non-parole period in respect of the above sentences, 3 years 6 months commencing on 9 November 2012 and expiring on 8 May 2016.
Catchwords: CRIMINAL LAW - sentencing - Crimes Act 1914 (Cth) s 29D - Criminal Code (Cth) s 134.2 - false income tax returns - Crown appeal - inadequacy of sentence. Legislation Cited: Crimes Act 1914 (Cth)
Criminal Code (Cth)Cases Cited: Green v R; Quinn v R [2011] HCA 49; 244 CLR 462
Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520
Ly v The Queen [2007] NSWCCA 28
R v Agius; R v Zerafa [2012] NSWSC 978
R v Boughen; R v Cameron [2012] NSWCCA 17
R v Jones; R v Hili [2010] NSWCCA 108
R v MacLeod [2013] NSWCCA 108
R v Mahmud [2010] NSWCCA 219
R v Sciberras [2006] NSWCCA 268Category: Principal judgment Parties: Regina - Appellant
Steven Victor Hawkins - RespondentRepresentation: Counsel:
PW Neil SC/Ms T Berberian - Appellant
P Bolten SC/Mr W Neild - Respondent
Solicitors:
Commonwealth Director of Public Prosecutions - Appellant
Blair Criminal Lawyers - Respondent
File Number(s): 2008/147282 2008/161231 2008/234650 2008/236480 2009/108474 2009/112253 Decision under appeal
- Date of Decision:
- 2012-11-02 00:00:00
- Before:
- Woods QC DCJ
- File Number(s):
- 2008/147282
2008/161231
2008/234650
2008/236480
2009/108474
2009/112253
Judgment
HOEBEN CJ at CL: I will now ask Justice RS Hulme to deliver judgment in this matter.
R S HULME AJ: This is an appeal by the Crown against sentences imposed on 9 November 2012 by Woods DCJ on the above named Respondent in respect of 8 offences for which a total effective sentence of imprisonment for 3 years 4 months including a non-parole period of 1 year 8 months was fixed.
The first offence was that between about 16 and 23 May 2001 the Respondent defrauded the Commonwealth in that in the 2000 tax return…
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- R v Hawkins [2013] NSWCCA 208
- Case
- [2013] NSWCCA 208
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CaseChat Overview and Summary
The central legal issues the court had to address involved the principles of sentencing for offences of this nature, the appropriate weight to be given to various mitigating and aggravating factors, and whether the sentence imposed by the trial judge was manifestly inadequate. The Crown argued that the sentence did not reflect the seriousness of the crimes, which involved deliberate and repeated attempts to defraud the tax system. The respondent, on the other hand, submitted that the sentence was appropriate given the personal and financial difficulties he had faced, which had contributed to his criminal behaviour.
The court, in reviewing the sentence, considered the nature and circumstances of the offences, the culpability of the respondent, and the principles of deterrence and retribution. The court held that while the trial judge had taken into account many of the relevant factors, the overall sentence was insufficient to adequately reflect the gravity of the crimes. The court found that the trial judge had not sufficiently emphasised the importance of deterrence in cases involving tax fraud. The Crown's appeal was allowed, and the matter was remitted to the sentencing court for reconsideration of the sentence. The court emphasised that the revised sentence should be commensurate with the severity of the offences and the need to uphold public confidence in the tax system.
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
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Ratio Decidendi
Legal Principle Established
Established by: HOEBEN CJ, HOEBEN CJ, HOEBEN CJ
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