Abellanoza v R [2021] NSWCCA 4

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Abellanoza v R [2021] NSWCCA 4 Hearing dates: 5 August 2020 Decision date: 08 February 2021 Before: Meagher JA at [1]; Fullerton J at [4]; Button J at [39] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIME — appeal against sentence — dishonestly obtain financial advantage by deception — money laundering — ongoing fraud of employer leading to loss in the millions of dollars — very large sum unaccounted for — aggravating and mitigating features — moral culpability as relevant factor on sentence — whether sentencing judge erred by failing to find offences motivated by gambling — whether error with regard to asserted nexus between mental conditions and offending — onuses of proof on sentence — sentence assertedly manifestly excessive Legislation Cited: Crimes Act 1900 (NSW), ss 192E(1)(b), 193B(2), 193B(1) Cases Cited: Goodbun v R [2020] NSWCCA 77 IM v R (2019) 100 NSWLR 110; [2019] NSWCCA 107 Johnston v R [2017] NSWCCA 53 Subramaniam v R [2013] NSWCCA 159 R v Qutami (2001) 127 A Crim R 369; [2001] NSWCCA 353 The Queen v Olbrich [1999] HCA 54; (1999) CLR 270 Category: Principal judgment Parties: Mary Ann Abellanoza (Applicant) Regina (Respondent) Representation: Counsel: R Rodger (Applicant) C Curtis (Respondent)

Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2018/297610 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 05 November 2019 Before: Culver DCJ File Number(s): 2018/297610