R v Rankin

[2006] NSWDC 183

CITATION:	R v Rankin [2006] NSWDC 183
HEARING DATE(S):	27/09/06, 27/10/06
JUDGMENT DATE:	2 November 2006
JURISDICTION:	Criminal
JUDGMENT OF:	Norrish QC DCJ
DECISION:	See para 44, 45, 48, 49 and 50.
CATCHWORDS:	Criminal Law - Sentence - fraud - make and use false instrument - cooperation - delay.
LEGISLATION CITED:	Crimes (Sentencing Procedure) Act 1999\ Crimes Act 1900
CASES CITED:	Regina v Cartwright (1989) 17 NSWLR 243 Regina v Chu (unrep, 16/10/98 NSWCCA) DPP v El Hani [2004] NSWCCA 162 Regina v A [2004] NSWCCA 292 Regina v Sukkar [2006] NSWCCA 92 Regina v Alcorn [2006] NSWCCA 209 Regina v Thomson and Houlton (2000) 49 NSWLR 383 Regina v Markarian (2005) 215 ALR 213 Regina v Todd (1982) NSWLR 517 Regina v Way [2004] NSWCCA 131 Regina v Pellow [2004] NSWCCA 434 Regina v Pearce (1998) 194 CLR 610 Regina v Croaker [2004] NSWCCA 470 Regina v Tolley [2004] NSWCCA 165 Regina v Zamagias [2002] NSWCCA 17 Regina v JCE (2002) 120 ACR 18
PARTIES:	Regina Tanya Rankin
FILE NUMBER(S):	06/11/0269
COUNSEL:	Mr Barr - Crown Mr I Latham - Offender
SOLICITORS:	Mr A Wong, DPP

SENTENCE

INTRODUCTION:

1 The prisoner, Tanya Rankin, appears today for sentence having pleaded guilty to thirteen charges of an indictment presented on 27 September 2006. Eleven of the counts on the indictment allege that she aided and abetted an offence of “make false instrument” with intent that another person would use it to induce another person to accept the instrument as genuine and to act to the prejudice of another.

2 These offences were committed between late November and 20 December 2001. They are brought pursuant to s 300(1) Crimes Act 1900 and carry a maximum penalty each of ten years imprisonment. The false instruments were made either by Michael English or Trevor Brown who are referred to below.

3 The remaining two charges allege the prisoner was an accessory before the fact to using false instruments in that the prisoner aided Neville Stumer to relevantly use the instruments described contrary to s 300(2) Crimes Act 1900 on 6 and 28 May 2002. The maximum penalty for these offences is ten years imprisonment. The charges set out in the indictment are annexure A to these remarks on sentence.

4 I am also required to take into account on a Form 1, two offences of aiding and abetting the making of a false instrument, the false instruments being Powers of Attorney created on 26 November 2001 and 3 December 2001. The relationship of these matters with the matters on the indictment is explained in the facts below.

5 The first matter on the Form 1 relates to Count 1. The second matter relates to Counts 2 and 3. All these matters relate to the one loan transaction. That is the matters on the Form 1. Given the range of matters the subject of plea and the context in which the From 1 matters are committed, the Form 1 matters do not significantly increase the…