Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Aitken v The Queen [2002] FCAFC 274
CRIMINAL LAW – sentencing – appellant convicted of multiple charges of theft, make and use false instrument – "white collar" crime - severity WARREN JOHN AITKEN v THE QUEEN A 5 of 2002 HIGGINS, MADGWICK AND WEINBERG JJ 28 AUGUST 2002 CANBERRA
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY A 5 of 2002
DISTRICT REGISTRY
BETWEEN: WARREN JOHN AITKEN
APPELLANT
AND: THE QUEEN
RESPONDENT
JUDGE: HIGGINS, MADGWICK & WEINBERG JJ
DATE OF ORDER: 28 AUGUST 2002
WHERE MADE: CANBERRA
THE COURT ORDERS THAT: 1. The appeal be dismissed. Time served is to count. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY A 5 of 2002
DISTRICT REGISTRY
BETWEEN: WARREN JOHN AITKEN
APPELLANT
AND: THE QUEEN
RESPONDENT
JUDGE: HIGGINS, MADGWICK AND WEINBERG JJ
DATE: 28 AUGUST 2002
PLACE: CANBERRA
REASONS FOR JUDGMENT THE COURT:
Introduction 1 On 8 November 2001 the appellant pleaded guilty in the Magistrates Court of the Australian Capital Territory to five counts of theft, six counts of "make false instrument/own use" and six counts of "use false instrument". The offence of theft is contrary to s 89 of the Crimes Act 1900 (ACT) ("the Crimes Act"). The offences of "make false instrument" and "use false instrument" are contrary to s 126 of the Crimes Act. Each of the offences carries a maximum penalty of ten years' imprisonment. 2 The appellant was committed for sentence to the Supreme Court of the Australian Capital Territory. He adhered to his pleas of guilty and was sentenced by Miles CJ on 19 February 2002 as follows: on the first count of theft which he committed (CC8482): two years' imprisonment; on the first count of make false instrument (CC8483) and the first count of use false instrument (CC8484): two years' imprisonment on each, to be served concurrently with each other but cumulative upon CC8482. On each other count: two years' imprisonment to be served concurrently, but cumulative upon the first two charges.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate