New South Wales
Court of Criminal Appeal
CITATION: Rich v Regina [2007] NSWCCA 193 HEARING DATE(S): 25 June 2007
JUDGMENT DATE:
5 July 2007JUDGMENT OF: Giles JA at 1; James J at 39; Hislop J at 40 DECISION: Leave to appeal against sentence granted. Appeal dismissed. CATCHWORDS: Criminal law - sentencing - break enter and steal and other charges - whether errors in sentencing concerning planned or organised criminal activity, regard to fact offender had children and treatment of offences on a Form 1 - no errors - whether sentences manifestly excessive - not lenient but within range open to judge. CASES CITED: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146;
Fahs v R [2007] NSWCCA 26;
R v Argent [2004] NSWCCA 270;
R v Danaca [2005] NSWCCA 45;
R v Edwards (1996) 90 A Crim R 510;
R v Girard [2004] NSWCCA 170;
R v Lay [2006] NSWCCA 45;
R v Muir [1999] NSWCCA 71;
R v Tarpey [2001] NSWCCA 300;
R v X [2004] NSWCCA 93;
Re Attorney General's Application (No 1) of the Criminal Procedure Act, R v Ponfield (1999) 48 NSWLR 327.PARTIES: Lynda Ann Rich - Applicant
The Crown - ResppondentFILE NUMBER(S): CCA 2007/1037 COUNSEL: J Stratton - Applicant
R A Herps - RespondentSOLICITORS: S O'Connor - Legal Aid Commission
S Kavanagh - Solicitor for Public ProsecutionsLOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 06/21/0052 LOWER COURT JUDICIAL OFFICER: Bennett DCJ LOWER COURT DATE OF DECISION: 31 October 2006 (Sentence)
CCA 2007/1037
DC 06/21/0052
Thursday 5 July 2007
GILES JA
JAMES J
HISLOP J
1 GILES JA: The applicant pleaded guilty to two charges of break enter and steal and one charge of obtaining benefit by deception, with a further seven offences on a Form 1 taken into account in sentencing for the second of the break enter and steal charges. The seven offences were four charges of break enter and steal and three charges of obtaining benefit by deception.
2 On 31 October 2006 the learned sentencing judge sentenced the applicant -
(a) for the first break enter and steal offence, to imprisonment for a non-parole period of 2 years 6 months commencing on 31 October 2006 and a balance of term of 3 years 4 months;
(c) for the offence of obtaining benefit by deception, to imprisonment for a fixed term of 1 year 6 months commencing on 31 October 2007.(b) for the second break enter and steal offence, to imprisonment for a non-parole period of 4 years commencing on 31 October 2007 and a balance of term of 7 years; and
3 The sentences for the break enter and steal offences were thus largely concurrent, and the sentence for the offence of obtaining benefit by deception was wholly concurrent with the sentence for the second of…
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- AGLC
- Rich v Regina [2007] NSWCCA 193
- Case
- [2007] NSWCCA 193
- Decision Date
CaseChat Overview and Summary
The court found that there were no errors in the sentencing process. It held that the trial judge had appropriately considered the nature and circumstances of the offences, including the fact that they were part of a planned and organised criminal activity. The court also determined that the trial judge had properly taken into account the appellant's status as a parent, although it noted that this factor did not necessarily warrant a reduced sentence. Furthermore, the court held that the treatment of offences on a Form 1 was correct, as it was a permissible method for sentencing in this case. The court concluded that while the sentences were not lenient, they were within the range open to the judge and were not manifestly excessive.
The appeal was dismissed, and the original sentences were upheld. The court emphasised that the trial judge had exercised their discretion appropriately in imposing the sentences, and there was no basis to interfere with the outcome. The sentences were therefore affirmed, and the appellant's appeal was unsuccessful.
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