R v Weiss

[2022] NSWDC 619

District Court

New South Wales

Medium Neutral Citation:

R v Weiss [2022] NSWDC 619

Hearing dates:

17 November 2022

Date of orders:

9 December 2022

Decision date:

09 December 2022

Jurisdiction:

Criminal

Before:

Fitzsimmons SC DCJ

Decision:

(1) In respect of the offences to which the offender has pleaded guilty, the offender is convicted.

(2) The offender is sentenced to a term of imprisonment of ten months commencing 9 December 2022 and expiring on 8 October 2023.

(3) Pursuant to s 20 (1)(b) of the Crimes Act, the offender is to be released forthwith on the condition that the offender enters into a recognizance, self, in the sum of $1000, subject to the following conditions:

(a) The offender is to be of good behaviour for 18 months.

(b) The offender is to pay a pecuniary penalty of $20,000.

(4) If the offender fails to comply with the recognizance, she will be returned to court and face the prospect of forfeiting the sum of $1000 and being taken into custody to serve the specified sentence.

Catchwords:

CRIME – sentencing – falsification of books – recognizance – released forthwith

Legislation Cited:

Corporations Act 2001 (Cth), s 1307(1)

Crimes Act 1914 (Cth), Pt 1B, ss 4K, 16BA, 16A, 17A, 19AC (1), 19AC (4), 20(1)(b)

Crimes (Sentencing Procedure) Act 1999 (NSW) s 53A

Cases Cited:

Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146

Bui v Director of Public Prosecutions (Cth) (2012) 244 CLR 638

Decision Restricted [2022] NSWCCA 24

Hili v The Queen (2010) 242 CLR 52

Johnson v The Queen (2004) 78 ALJR 616

Larkin v The Queen [2012] WASCA 238

Soyke v R [2016] NSWCCA 112

Totan v R [2022] NSWCCA 75; (2022) 400 ALR 578

Rich v ASIC (2014) 220 CLR 129

R v Rivkin (2004) 59 NSWLR 284

Category:

Sentence

Parties:

Rex
Adriana Benhamou Weiss

Representation:

Counsel:
A McGrath (Crown)
P Strickland SC and B Dean (Offender)

Solicitors:
Director of Public Prosecutions (Cth) (Crown)
Company Giles (Offender)

File Number(s):

2021/316988

Publication restriction:

Unrestricted

JUDGMENT

1. The offender has pleaded guilty to three falsification of books offences contrary to s 1307 (1) of the Corporations Act 2001 (Cth) (‘Corporations Act’).

2. The maximum penalty for the offence at the time of offending was imprisonment for two years and/or 100 penalty units ($18,000).

3. In addition, the offender requests that the court take into account three additional falsification of books offences, also contrary to s 1307 (1), on passing sentence in respect to the first count pursuant to s 16BA of the Crimes Act 1914 (“Crimes Act”).

4. Both the representative of the Commonwealth Director of Public Prosecutions and the offender have signed the S 16BA form, as have I, and that document remains in the registry file.

5. I certify that I have taken into account the additional offences, the subject of counts four, five and six attached to the form, pursuant to s 16BA.

6. In…