R v Murray [2000] NSWCCA 331

New South Wales Court of Criminal Appeal

CITATION : R v Murray [2000] NSWCCA 331 FILE NUMBER(S) : CCA 60759/99 HEARING DATE(S) : 23 August 2000 JUDGMENT DATE : 23 August 2000

REGINA (Crown) PARTIES : v ALLAN DAVID MURRAY (Applicant) JUDGMENT OF : Heydon JA at 1; Smart AJ at 2; Ireland AJ at 3

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 96/21/1092 LOWER COURT JUDICIAL Tupman DCJ OFFICER :

COUNSEL : C: Ms P Hock A: Unrepresented SOLICITORS : C: S E O'Connor A: In person CATCHWORDS : Criminal Law & Procedure - deception - passing valueless cheques - exercise of Royal Prerogative of Mercy - outside jurisdiction Crimes Act 1900, ss 178B, 178BA, 558 LEGISLATION CITED : Sentencing Act 1989, s53 Crimes (Sentencing Procedure) Act 1999, s 102 CASES CITED: R v Vachalec (1981) 1 NSWLR 351 Jones (1993) 70 ACrimR 449 DECISION : Application is incompetent and refused.

IN THE COURT OF CRIMINAL APPEAL CCA 60759/99 HEYDON JA SMART AJ IRELAND AJ Wednesday, 23 August 2000 REGINA v Allan David MURRAY JUDGMENT 1 HEYDON JA: I agree. 2 SMART AJ: I also agree. 3 IRELAND AJ: The applicant before this Court pleaded guilty to five counts of passing valueless cheques in contravention of s 178B of the Crimes Act, 1900 and one count of obtain benefit by deception in contravention of s 178BA of the Crimes Act, 1900, before her Honour Judge Tupman in the District Court at Penrith, on 1 September 1999. 4 Four further offences of passing valueless cheques were taken into account on a Form 1. The offences were committed between 30 September 1994 and 8 January 1995. 5 On 2 September 1999, Tupman DCJ sentenced the applicant as follows:-