REGINA v JACKSON [2001] NSWCCA 355

New South Wales Court of Criminal Appeal

CITATION : REGINA v JACKSON [2001] NSWCCA 355 revised - 4/10/2001 FILE NUMBER(S) : CCA 60255/01 HEARING DATE(S) : 6 August 2001 JUDGMENT DATE : 14 September 2001

PARTIES : Regina Adam Mathew Jackson JUDGMENT OF : Spigelman CJ at 1; Simpson J at 2; Einfeld AJ at 13

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0928 LOWER COURT JUDICIAL Shadbolt DCJ OFFICER :

COUNSEL : P G Berman SC (Crown) J Dailly SC (Respondent) SOLICITORS : S E O'Connor (Crown) KPMG Legal (Respondent) CATCHWORDS : CRIMINAL LAW - sentencing - Crown appeal - undue weight given to special circumstances - Crimes (Sentencing Procedure) Act 1999, s44(2) LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 CASES CITED: R v Thomson; R v Houlton (2000) 49 NSWLR 383 DECISION : 1. As to the sentence imposed in relation to the first count on the indictment, and taking into account the twenty-two matters on the Form 1; (i) the Crown appeal be allowed; (ii) the sentence imposed be quashed; (iii) in lieu thereof the respondent be sentenced to imprisonment for five years to commence on 18 March 2001 and expire on 17 March 2006, with a non parole period of three years to commence on 18 March 2001 and expire on 17 March 2004; 2. The Crown appeal against the remaining sentences be dismissed.

IN THE COURT OF CRIMINAL APPEAL

60255/01

SPIGELMAN CJ SIMPSON J EINFELD AJ

Friday 14 September 2001

REGINA v Adam Mathew JACKSON

The Respondent pleaded guilty to seven charges of defrauding a public company in contravention of s176A of the Crimes Act 1900. The effective sentence imposed by Shadbolt DCJ was a term of imprisonment of five years, with a non-parole period of two years.