CITATION: Regina v Wilson [2005] NSWCCA 414
HEARING DATE(S): 30/11/05
JUDGMENT DATE:
30 November 2005JUDGMENT OF: Studdert J at 21; Whealy J at 1; Howie J at 22
DECISION: Appeal be allowed and the sentence imposed in the District Court quashed. Respondent sentenced to imprisonment for 2 years with a non-parole period of 12 months. Sentence to be served by way of Periodic Detention and to commence on Friday 9 December 2005. Respondent to report to Officer-in-Charge of Parramatta Periodic Detention Centre by 4pm on that day. Non-parole period to expire on 8 December 2006 when respondent is to be released to parole.
LEGISLATION CITED: CASES CITED: R v Zamagias [2002] NSWCCA 17 at 22 per Howie J, Hogdson JA and Levine J concurring
R v Pantano (1990) 49 A Crim R 328 at 330
R v Falzon & Pullen (unreported NSWCCA 20 February 1992 per Loveday JPARTIES: Regina v Michael John Wilson
FILE NUMBER(S): CCA 2005/1442
COUNSEL: Mr J. Bennett SC - Crown
Mr C. Craigie SC - RespondentSOLICITORS: S. Kavanagh - Public Prosecutions
Steve O'Connor - Legal Aid Commission of NSW
LOWER COURT JURISDICTION: District Court
LOWER COURT JUDICIAL OFFICER: Solomon DCJ
2005/1442
WEDNESDAY 30 November 2005STUDDERT J
WHEALY J
HOWIE J
1 WHEALY J: This is a Crown appeal against the sentence passed by Judge Solomon against the respondent at the Sydney District Court on 1 June 2005. The respondent had been found guilty by a jury of one count of use a copy of a false instrument for which the maximum penalty is ten years imprisonment (Crimes Act 1900 s 301(2)). The circumstances of the offence may be briefly stated. The respondent was a professional valuer. He valued a property at Lidcombe and attached a false document certifying that he had professional indemnity insurance, when, in fact, his insurance had lapsed. As it happened, the document was relied upon by the lendor, who lost approximately $250,000 because the borrower and “owner” of the property was a fictitious person.
2 The sentencing judge however held that the respondent was not part of the “wider fraud” involving the fictitious owner and there was no finding that he had knowledge of the fraud. It was however, clearly important to the approval of the loan that the respondent held professional indemnity insurance cover. There was evidence at trial that the lender would not have advanced the loan had it been know the certificate given by the respondent was false. It appears that his Honour was entitled to proceed on the basis, as he did, that there was no direct financial benefit accruing to the respondent, apart from not having to pay a fee for a certificate of indemnification. The offence however, was a serious one quite apart from the fact that the respondent at the time had been on conditional bail awaiting sentence for two false statement offences in respect of…
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- AGLC
- Regina v Wilson [2005] NSWCCA 414
- Case
- [2005] NSWCCA 414
- Decision Date
CaseChat Overview and Summary
The appeal raised two issues. The first issue was whether the sentencing judge erred by determining the sentence should be suspended before determining the appropriate length of the sentence. The second issue was whether the sentence was manifestly inadequate. The Court found that the sentencing judge erred by determining that the sentence should be suspended before determining the appropriate length of the sentence. Furthermore, the Court found that the sentence was manifestly inadequate. The requirements of both general and specific deterrence left no doubt that the sentence imposed by the sentencing judge was manifestly inadequate.
The Court allowed the appeal and quashed the sentence imposed in the District Court. The Court imposed a sentence of imprisonment for two years with a non-parole period of twelve months. The sentence was to be served by way of Periodic Detention and was to commence on Friday 9 December 2005. The respondent was to report to the officer-in-charge of Parramatta Periodic Detention Centre by 4pm on that day. The non-parole period was to expire on 8 December 2006, the date upon which the respondent was to be released to parole.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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