Sigalla v R

Case [2021] NSWCCA 22


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Sigalla v R [2021] NSWCCA 22
Hearing dates: 1 July 2020
Date of orders: 3 March 2021
Decision date: 03 March 2021
Before: Hoeben CJ at CL at [1]
Brereton JA at [2]
Cavanagh J at [156]
Decision:

1.   Extend time for filing the Notice of Appeal to the date on which it was filed.

2.   Dismiss the appeal against the convictions.

3.   Grant leave to appeal against the sentences and allow the appeal.

4.   Quash the sentence imposed by the trial judge and in lieu thereof substitute a sentence of 9 years and 6 months, commencing on 22 November 2016 and expiring on 21 May 2026, with a non-parole period of five years and nine months, expiring on 21 August 2022.

Catchwords:

CRIME – Appeals – Appeal against conviction – Corporations Act 2001 (Cth) s 184(2) – Dishonest use of position as director to gain benefit through transfers of funds and issuing of shares – Verdicts of guilty on all twenty-four counts – Whether trial judge misdirected jury as to elements of the offence – Alleged conflation of physical and mental elements – Whether jury required to be directed to be satisfied beyond reasonable doubt that the applicant did not have an honest belief that he was entitled to the funds paid to him – Appeal against conviction dismissed

CRIME – Appeals – Appeal against sentence – Ten year sentence – Whether totality of criminal behaviour wrongly considered before individual sentences for each offence – Whether sentences should have been wholly concurrent – Whether inconsistency of co-offender’s sentence gives rise to justifiable sense of grievance – Whether trial judge erred in finding that lack of remorse prevented any prospects of rehabilitation – Appeal against sentence allowed – Sentence quashed and applicant resentenced to aggregate term of nine years and six months

Legislation Cited:

Corporations Act 2001 (Cth), ss 9, 184(2)(a), 206B, 206BA, 1309(1)

Crimes Act 1900 (NSW), s 173

Crimes Act 1914 (Cth), ss 16A(2), 16B

Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(2)(m)

Criminal Appeal Rules 1952 (NSW), rr 3B, 4

Criminal Code (Cth), ss 2.2, 9.1, 9.5

Criminal Code 1899 (Qld), s 22(2)

Cases Cited:

ARS v R [2011] NSWCCA 266

Attorney-General v Tichy (1982) 30 SASR 84

BP v R (2010) 201 A Crim R 379; [2010] NSWCCA 159

Channon v R [2020] NSWCCA 112

Director of Public Prosecutions (Cth) v Beattie (2017) 270 A Crim R 556; [2017] NSWCCA 301

Green v The Queen (2011) 244 CLR 462; [2011] HCA 49

Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45

House v The King (1936) 55 CLR 499; [1936] HCA 40

Johnson v The Queen (2004) 78 ALJR 616; [2004] HCA 15

Kwok v R (2007) 175 A Crim R 278; [2007] NSWCCA 281

Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46

MacLeod v The Queen (2003) 214 CLR…

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AGLC
Sigalla v R [2021] NSWCCA 22
Case
[2021] NSWCCA 22
Decision Date

CaseChat Overview and Summary

In the matter of Sigalla v R, the appellant, Sigalla, appealed against both his conviction and sentence for offences related to his dishonest use of his position as a director of various companies. The appellant was found guilty on twenty-four counts under section 184(2) of the Corporations Act 2001, for improperly transferring funds and issuing shares to gain a personal benefit. The High Court of Australia was tasked with determining whether the trial judge had misdirected the jury regarding the elements of the offence and whether the jury was adequately instructed that they must be satisfied beyond reasonable doubt that Sigalla did not honestly believe he was entitled to the funds in question. Additionally, the court assessed whether the trial judge had erred in sentencing, particularly by considering the totality of Sigalla's criminal conduct before determining individual sentences and by finding that Sigalla's lack of remorse precluded any prospects of rehabilitation.

The court examined whether the trial judge's instructions to the jury conflated the physical and mental elements of the offence. It was critical to establish whether the jury needed to be directed to consider Sigalla's state of mind, specifically his belief regarding the entitlement to the funds. The court concluded that the trial judge did not misdirect the jury, as the jury was sufficiently guided to consider Sigalla's honest belief about the entitlement to the funds. Therefore, the appeal against conviction was dismissed. Regarding the sentence, the court found that the trial judge had considered the totality of Sigalla's criminal behaviour before determining individual sentences, which was not permissible. Moreover, the court determined that the sentences should have been wholly concurrent, not consecutive. The court also found that the trial judge's assessment of Sigalla's prospects of rehabilitation was flawed due to the lack of evidence supporting a finding of no remorse. Consequently, the appeal against sentence was allowed.

The High Court quashed the original sentence and ordered that Sigalla be resentenced to an aggregate term of nine years and six months. This resentence took into account the need for sentences to be wholly concurrent and the appropriate aggregate term reflecting the totality of Sigalla's offending. The court's decision underscores the importance of proper jury directions and the necessity for trial judges to carefully consider the individual elements of offences and the principles of sentencing.

Orders

Orders of the court

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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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