R v Edelbi [2021] NSWCCA 122

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Edelbi [2021] NSWCCA 122 Hearing dates: 28 April 2021 Decision date: 16 June 2021 Before: Hoeben CJ at CL at [1] Bellew J at [2] Hidden AJ at [16] Decision: (By majority) (1) Leave to appeal granted. (2) Appeal allowed; sentence imposed in the District Court on 12 May 2020 quashed. (3) In lieu thereof the applicant be sentenced to an aggregate term of imprisonment for 1 year and 11 months, commencing on 16 June 2021 and expiring on 15 May 2023. (4) Pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act 1999, the sentence to be served by way of intensive correction in the community. (5) In addition to the prescribed standard conditions, a condition that the applicant must receive any psychological treatment recommended to him applies. Catchwords: CRIMINAL LAW – application for leave to appeal against sentence – fraud offences – aggregate sentence – whether in reasons for sentence the trial judge should have considered an intensive correction order – requirements of s 66 Crimes (Sentencing Procedure) Act 1999 – whether offences amounted to a breach of trust – whether trial judge's finding as to objective gravity open Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Blanch v R [2019] NSWCCA 304 Cassella v R [2019] NSWCCA 201 FL v R [2020] NSWCCA 114 Franklin v R [2016] NSWCCA 319 Karout v R [2019] NSWCCA 253 Mandranis v R [2021] NSWCCA 97 Mulato v R [2006] NSWCCA 282 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Pearce v The Queen (1998) 194 CLR 610 R v Fangaloka [2019] NSWCCA 173 R v Smith [2000] NSWCCA 140 R v Stanbouli [2003] NSWCCA 355; (2003) 141 A Crim R 531 Ridley v R [2008] NSWCCA 324; (2008) 192 A Crim R 139 Suleman v R [2009] NSWCCA 70 Wany v DPP [2020] NSWCA 318 Category: Principal judgment Parties: Mohammad Edelbi (Applicant) Regina (Respondent) Representation: Counsel: T Game SC, P Lange (Applicant) M Millward (Respondent)