Cordoba v R [2021] NSWCCA 144

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cordoba v R [2021] NSWCCA 144 Hearing dates: 3 May 2021 Date of orders: 2 July 2021 Decision date: 02 July 2021 Before: Simpson AJA at [1]; Garling J at [2]; N Adams J at [3]. Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIME — Appeals — Appeal against sentence – offences of dishonestly obtain financial advantage, breach of bail undertaking, give false evidence at public inquiry – whether sentencing judge erred in assessment of objective seriousness of the offences – where sentencing judge stated that the findings of objective seriousness were arrived at after taking into account mitigating factors including plea of guilty – where subjective factors were subsequently considered – held, remarks read as a whole indicate that subjective factors were taken into account after findings of objective seriousness – whether sentencing judge erred in failing to take into account possibility of summary disposition in respect of count 1 – argument not raised below – where applicant was sentenced for multiple offences that occurred over several years including a fraud of over $1m – not necessary to consider hypothetical situation in which count 1 was dealt with in isolation – whether aggregate sentence manifestly excessive – where indicative sentence on count 1 high – principle of totality – no error disclosed in aggregate sentence – appeal dismissed Legislation Cited: Bail Act 2013 (NSW), s 79 Crimes (Sentencing Procedure) Act 1999 (NSW), s 53A Crimes Act 1900 (NSW), s 192E Criminal Appeal Act 1912 (NSW), s 5 Criminal Procedure Act 1986 (NSW), ss 166, 260 Independent Commission Against Corruption Act 1988 (NSW), ss 80(c), 87(1) Cases Cited: GW v R [2018] NSWCCA 79 Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45 House v The King (1936) 55 CLR 499; [1936] HCA 40 JM v R [2014] NSWCCA 297 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Kliendienst v R [2020] NSWCCA 98 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Matthews v R [2014] NSWCCA 185 Mulato v R [2006] NSWCCA 282 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57 R v Trindall [2005] NSWCCA 446 R v Van Ryn [2016] NSWCCA 1 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: Ronald Cordoba (Applicant) Regina (Respondent) Representation: Counsel: K Averre (Applicant) E Wilkins SC (Respondent)