Regina v Doolin [2001] NSWCCA 139

New South Wales Court of Criminal Appeal

CITATION : Regina v Doolin [2001] NSWCCA 139 FILE NUMBER(S) : CCA 60787/00 HEARING DATE(S) : 11 April 2001 JUDGMENT DATE : 11 April 2001

PARTIES : Regina v Seamus Padraig Doolin JUDGMENT OF : Wood CJ at CL at 24; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97//21/2210 LOWER COURT JUDICIAL Tupman DCJ OFFICER :

COUNSEL : (A) In Person (R) M Grogan SOLICITORS : (A) In Person (R) S E O'Connor CATCHWORDS : Sentencing - conspiracy to defraud in commercial transactions by falsifying commonly used identification and supporting documents - deterrence - parity - significant differences in positions of co-offenders LEGISLATION CITED : Crimes Act 1900 s 178BA CASES CITED: Nil DECISION : Leave to appeal granted - Appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

60787/00 WOOD CJ at CL SMART AJ

Wednesday, 11 April 2001 REGINA v SEAMUS PADRAIG DOOLIN JUDGMENT 1 SMART AJ: Seamus Padraig Doolin seeks leave to appeal against the severity of a sentence of imprisonment for twenty-one months commencing on 30 November 2000 with a non-parole period of nine months imposed in the District Court in respect of a charge that between 7 April 1995 and 29 November 1995 he, with Michael Paul Comerford and Peter Francis Hall, conspired together amongst themselves to cheat and defraud the Australian Guarantee Corporation Limited of money.

2 The applicant pleaded guilty to that charge on 9 August 2000 just before his trial was about to start. His co-conspirator, Comerford, had pleaded guilty on 7 August 2000 and had undertaken to give evidence against the applicant. That evidence was damaging. Comerford was sentenced on 7 August 2000 to twelve months periodic detention, a considerable discount being given for what was regarded as an early plea and, principally, for assistance given.