R v Ramirez [1999] NSWCCA 406

New South Wales Court of Criminal Appeal CITATION : R v Ramirez [1999] NSWCCA 406 FILE NUMBER(S) : CCA 60251/99 HEARING DATE(S) : 08/12/99 JUDGMENT DATE : 8 December 1999

PARTIES : Regina v Aidelyn Ramirez JUDGMENT OF : James J; Sperling J

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/21/1310 LOWER COURT JUDICIAL OFFICER : Viney DCJ

COUNSEL : CK Maxwell QC (Crown) DA Marr (Applicant) SOLICITORS : SE O'Connor (Crown) Doran Roberts & Co (Applicant) CATCHWORDS : Criminal law and procedure - sentencing - no question of principle DECISION : Appeal Dismissed

IN THE COURT OF CRIMINAL APPEAL 60251/99

James J Sperling J

Wednesday 8 December 1999 REGINA v AIDELYN RAMIREZ

JUDGMENT

1 JAMES J: Aidelyn Ramirez has applied for leave to appeal against sentences imposed on her on 16 April 1999 in the District Court by his Honour Judge Viney. She had pleaded guilty to eight counts of using a false instrument, three counts of making a false instrument, and three counts of making a false statement with intent to obtain a financial advantage. The applicant was sentenced on each count of using a false instrument to a fixed term of penal servitude of three months to date from 8 February 2000 and on each count of making a false instrument or making a false statement with intent to obtain a financial advantage to a fixed term of penal servitude of six months also to date from 8 February 2000. Judge Viney made the sentences imposed commence from 8 February 2000, because on 10 October 1997 Judge Johnston had sentenced the applicant to sentences of four years, including minimum terms of two years six months commencing on 8 August 1997 and expiring on 7 February 2000. 2 In his remarks on sentence Judge Viney concisely summarised the facts of the offences. The applicant had passed valueless cheques to Coles and K-Mart, and had given false information in applications for credit at Grace Bros. The offences had been committed at various times between 18 August 1993 and 22 March 1997. 3 In his remarks on sentence Judge Viney rejected a claim made by the applicant, which was recorded in certain documents before his Honour, that the applicant had a gambling problem. His Honour found that the applicant is "simply a crook, she uses whatever pretext is available to excuse her blatant dishonesty." His Honour commented; "This woman seems to write cheques on closed accounts and manipulates bank accounts and credit accounts with a flamboyance which is quite bizarre. She seems able to convince people that she has immense wealth at her disposal and creates fantasies of grandeur that take people in." 4 His Honour noted that the applicant had a criminal history which included convictions for offences of dishonesty. 5 On 26 October 1993, his Honour had himself sentenced the applicant to terms of imprisonment on three charges of making a false statement. The applicant had committed the first three offences for which she was sentenced by his Honour on 16 April 1999, while she was on remand for the sentences which were pronounced by his Honour on 26 October 1993. 6 As I have already indicated, Judge Johnston sentenced the applicant on 10 October 1997 to sentences of penal servitude for four years, consisting of minimum terms of two years six months and additional terms of one year and six months, on two counts of obtaining a benefit by deception and two counts of fraudulent misappropriation. In sentencing the applicant on 10 October 1997 Judge Johnston took into account a total of twenty-nine further offences.