R v Weiss [2022] NSWDC 619

District Court New South Wales

Medium Neutral Citation: R v Weiss [2022] NSWDC 619 Hearing dates: 17 November 2022 Date of orders: 9 December 2022 Decision date: 09 December 2022 Jurisdiction: Criminal Before: Fitzsimmons SC DCJ Decision: (1) In respect of the offences to which the offender has pleaded guilty, the offender is convicted. (2) The offender is sentenced to a term of imprisonment of ten months commencing 9 December 2022 and expiring on 8 October 2023. (3) Pursuant to s 20 (1)(b) of the Crimes Act, the offender is to be released forthwith on the condition that the offender enters into a recognizance, self, in the sum of $1000, subject to the following conditions: (a) The offender is to be of good behaviour for 18 months. (b) The offender is to pay a pecuniary penalty of $20,000. (4) If the offender fails to comply with the recognizance, she will be returned to court and face the prospect of forfeiting the sum of $1000 and being taken into custody to serve the specified sentence. Catchwords: CRIME – sentencing – falsification of books – recognizance – released forthwith Legislation Cited: Corporations Act 2001 (Cth), s 1307(1) Crimes Act 1914 (Cth), Pt 1B, ss 4K, 16BA, 16A, 17A, 19AC (1), 19AC (4), 20(1)(b) Crimes (Sentencing Procedure) Act 1999 (NSW) s 53A Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Bui v Director of Public Prosecutions (Cth) (2012) 244 CLR 638 Decision Restricted [2022] NSWCCA 24 Hili v The Queen (2010) 242 CLR 52 Johnson v The Queen (2004) 78 ALJR 616 Larkin v The Queen [2012] WASCA 238 Soyke v R [2016] NSWCCA 112 Totan v R [2022] NSWCCA 75; (2022) 400 ALR 578 Rich v ASIC (2014) 220 CLR 129 R v Rivkin (2004) 59 NSWLR 284 Category: Sentence Parties: Rex Adriana Benhamou Weiss Representation: Counsel: A McGrath (Crown) P Strickland SC and B Dean (Offender)