Reported Decision:
(2002) 135 A Crim R 438
New South Wales
Court of Criminal Appeal
CITATION: REGINA v Adam Eli MEYER [2002] NSWCCA 451 FILE NUMBER(S): CCA 60351/02 HEARING DATE(S): 13/11/02 JUDGMENT DATE:
2 December 2002PARTIES :
REGINA
Adam Eli MEYER (Applicant)JUDGMENT OF: Wood CJ at CL at 1; Dowd J at 2; Bell J at 3
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S) : 01/11/1316 LOWER COURT JUDICIAL
OFFICER :Kinchington DCJ
COUNSEL : PJP Power SC (Crown)
P Byrne SC (Applicant)SOLICITORS: SE O'Connor
RF Bergagnin & Co (Applicant)LEGISLATION CITED: Crimes Act 1900
Crimes (Administration of Sentences) Act 1999
Crimes (Sentencing Procedure) Act 1999
Justices Act 1902CASES CITED: Dinsdale v The Queen (2000) 202 CLR 321
Regina v Foster [2001] NSWCCA 215
R v Gallagher (1991) 23 NSWLR 220
R v JCE [2000] NSWCCA 498; 120 A Crim R 18
R v Parsons & Poore [2002] NSWCCA 296
R v Simpson (2001) 53 NSWLR 704
R v Wegener [1999] NSWCCA 405
R v Zamagias [2002] NSWCCA 17DECISION: Leave to appeal against the severity of the sentences granted; Allow the appeal; Sentences imposed in the District Court quashed and in lieu thereof the applicant is sentenced in each case to a term of one year and six months imprisonment with a non-parole period of one year, one month and two weeks; Each sentence is to be served by way of periodic detention and to commence on 25 May 2002; The first date upon which the applicant will be eligible for consideration for release to parole is 9 July 2003 or such later date as may be determined by reason of the applicant's imprisonment being extended pursuant to the provisions of the Crimes (Administration of Sentences) Act 1999
60351/02Monday 2 December 2002WOOD CJ at CL
DOWD J
BELL J
1 WOOD CJ at CL: I have read in draft form the judgment of Bell J. I agree with the orders proposed, and with the reasons of her Honour.
2 DOWD J: I have had the advantage of reading the draft judgment of Bell J with whose reasons and proposed order, I agree.
3 BELL J: This is an application for leave to appeal against the severity of sentences imposed on the applicant in the Sydney District Court on 17 May 2002.
4 The applicant was committed for sentence in accordance with the provisions of s 51A of the Justices Act 1902 on 18 January 2002 on three counts of making a false instrument with intent to induce another to accept the same as genuine contrary to s 300(2) of the Crimes Act 1900 (“the Act”), and three counts of using a false instrument with the intention of inducing another to accept the same as genuine contrary to s 300(2) of the Act. The maximum penalty provided for each offence is one of ten years imprisonment.
5 The applicant adhered to…
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- AGLC
- Regina v Adam Eli MEYER [2002] NSWCCA 451
- Case
- [2002] NSWCCA 451
- Decision Date
CaseChat Overview and Summary
The primary issue was whether the sentencing judge erred in his approach to determining the sentence. The Court found that the sentencing judge did not follow the two-stage procedure required by the Sentencing Procedure Act 1999. The judge first determined the appropriate custodial sentence and then decided it should be served by way of periodic detention, rather than first fixing the term and then considering alternative custodial sentences. This approach was contrary to the statutory scheme and amounted to error.
The Court of Criminal Appeal considered the appropriate sentence, taking into account the objective seriousness of the offences and the applicant's subjective circumstances, including his early guilty pleas, cooperation with authorities, and genuine remorse. The Court decided that a sentence of one year and six months imprisonment for each offence, to be served by way of periodic detention, was appropriate. The non-parole period was set at one year, one month and two weeks, and the sentences were to commence on 25 May 2002. The applicant would be eligible for parole consideration on 9 July 2003, subject to any extension under the Crimes (Administration of Sentences) Act 1999.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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