R v Stephen Michael Larkin [2007] NSWDC 305

New South Wales District Court

CITATION: R v Stephen Michael Larkin [2007] NSWDC 305

HEARING DATE(S): 31/01/07, 20/04/07, 26/04/07, 13/07/07, 09/08/07

JUDGMENT DATE: 9 August 2007

JURISDICTION: Criminal

JUDGMENT OF: Norrish QC DCJ

DECISION: See paragraphs 126 to 131

CATCHWORDS: Criminal law - Sentence - manager of a corporation - intent to defraud - false entry - breach of trust

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Crimes Act 1900 Veterinary Practice Act

Ibbs v The Queen (1987) 163 CLR 447 Pearce v The Queen (1998) 194 CLR 610 Markarian v The Queen (2005) 79 ALJR 1048 Regina v Way [2004] NSWCCA 131 Wong v The Queen (2001) 207 CLR 584 CASES CITED: R v Allpass (1993) 72 ACrimR 561 R v Diaz [2004] NSWCCA 251 Thomson and Houlton [2000] NSWCCA 309 R v Zamagias [2002] NSWCCA 17 R v JCE (2000) 120 ACrimR 18 R v Dinsdale (2000) 202 CLR 321

PARTIES: Regina Stephen Michael Larkin

FILE NUMBER(S): 05/11/0160

COUNSEL: Mr Calvert - Crown Mr Fliece - Offender

SENTENCE

1 HIS HONOUR: In your case what I propose to do as follows: In relation to Counts one to three I propose to convict you and place you on a good behaviour bond for a period of two years in respect of each count.

2 In respect of Counts five, six, seven and eight I propose to sentence you to a term of imprisonment of thirteen months and that will be suspended pursuant to s 12 Crimes (Sentencing Procedure) Act.

3 In respect of Counts ten, eleven and twelve I propose to sentence you to imprisonment, to be served by way of periodic detention for sixteen months in relation to each of those offences.