R v Del Busso [2024] NSWLC 4

Local Court New South Wales

Medium Neutral Citation: R v Del Busso [2024] NSWLC 4 Hearing dates: 13 February 2024 Date of orders: 13 February 2024 Decision date: 13 February 2024 Jurisdiction: Criminal Before: Donnelly LCM Decision: See orders at [41] Catchwords: SENTENCING – Crimes Act, 156 – larceny of a clerk – defendant responsible for banking duties committed systematic theft of patient funds – Crimes (Sentencing Procedure) Act 1999, s 5 – whether there are any alternatives to the imposition of a sentence of imprisonment – s 5 threshold is met on the basis of a multitude of sentencing factors – factors include the 10 year maximum penalty for the offence; the objective seriousness of the crime; the additional punishment that must be imposed for the Form 1 offence; the crimes were committed over a number of months and only ceased once the defendant's conduct had been detected; the amount of money involved; the serious breach of trust; the importance of general and personal deterrence, denunciation and accountability; and the degree of planning SENTENCING – jurisdictional limits – requirement of court to determine the sentence by reference to the maximum penalty prescribed and not to have regard to the jurisdictional limit of the Local Court – requirement to apply Park v The Queen (2021) 273 CLR 303 Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Cases Cited: Abbas v R [2013] NSWCCA 115 Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 FL v R [2020] NSWCCA 114 Markarian v The Queen (2005) 228 CLR 357 Park v The Queen (2021) 273 CLR 303; [2021] HCA 37 Power v The Queen (1974) 131 CLR 623 R v Boughen [2012] NSWCCA 17 R v El-Rashid (unrep, 7/4/95, NSWCCA) R v Mungomery [2004] NSWCCA 450 Stanley v DPP (NSW) [2023] HCA 3; (2023) 296 ALJR 107 R v Pantano (1990) 49 A Crim R 328 Totaan v R [2022] NSWCCA 75 Texts Cited: Nil Category: Principal judgment Parties: Police (Prosecution)