R v MCGANN [2009] NSWDC 379

New South Wales District Court

CITATION: R v MCGANN [2009] NSWDC 379

HEARING DATE(S): 11/12/2009,18/12/2009

JUDGMENT DATE: 18 December 2009

JUDGMENT OF: Williams DCJ

DECISION: He is convicted. In regard to the 178B(a) offence of 14 May 2008, he is sentenced to a minimum term of two years and an additional term of one year to date from 11 March 2009. In regard to the 178B(a) offence of 15 May, together with the Form 1 matters, he is sentenced to a minimum term of two years and an additional term of one year to date from 11 September 2009, which means he is eligible for release on parole on 10 September 2011. The total term will expire on 11 September 2012. In regard to the s 193D(1) offence, he is sentenced to a fixed term of eighteen months imprisonment to date from 11 September 2009, and, in regard to the Commonwealth Criminal Code 145.1(5) offence, plus the form 16B(a) matters, he is sentenced to a fixed term of twelve months imprisonment, again to date from 11 September 2009.

CATCHWORDS: SENTENCE-identity theft offences-serving current sentence for unrelated matter-young offender-substantial sum-not the principal-other co-offenders.

Crimes Act 1914 LEGISLATION CITED: Criminal Code Act 1995 Crimes (Sentencing Procedure) Act 1999 (NSW)

PARTIES: Regina Daniel James MCGANN

FILE NUMBER(S): 2009/00158345

SOLICITORS: Mr Mehta (Crown) Mr Kozanecki (Offender)

1. HIS HONOUR: Mr McGann has pleaded guilty to one offence of dealing with property intending it to be an instrument of crime, contrary to s193D(1) of the Crimes Act, which carries a maximum penalty of fifteen years imprisonment, use a forged Commonwealth document contrary to para 145.1(5) of the Commonwealth Criminal Code, which carries a maximum penalty of ten years imprisonment, and two obtain benefit by deceptions contrary to s 178B(a)(1) of the Crimes Act, each of which carries a maximum penalty of five years imprisonment.