Salute BRUNETTA [2001] NSWCCA 331

New South Wales Court of Criminal Appeal

CITATION : Salute BRUNETTA [2001] NSWCCA 331 FILE NUMBER(S) : CCA 60153/01 HEARING DATE(S) : 29 August 2001 JUDGMENT DATE : 29 August 2001

PARTIES : Regina Salute Brunetta JUDGMENT OF : Sheller JA at 25 & 27; Sully J at 1; Hulme J at 26

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 95/11/0307 LOWER COURT JUDICIAL Gibson DCJ OFFICER :

COUNSEL : G. Smith - Crown In person - Applicant SOLICITORS : S. E. O'Connor - Crown In person - Applicant

DECISION : Extension of time on application for leave to appeal - granted; Leave to appeal granted; Substantive appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

60153/01

SHELLER JA SULLY J HULME J

Wednesday 29 August 2001 Regina v Salute Brunetta Judgment

1 SULLY J: Mrs Salute Brunetta applies for leave to appeal against a sentence of imprisonment passed upon her by his Honour Nield DCJ in the District Court consequent upon an order cancelling an antecedent sentence of imprisonment which had been ordered to be served by way of periodic detention.

2 On 22 September 1995 Mrs Brunetta stood for sentence before his Honour Gibson DCJ in the District Court. She had pleaded guilty before his Honour to some 24 counts of dishonesty charged against her in an indictment. Various other offences were taken into account by his Honour and at the request of Mrs Brunetta. The amounts of money involved were not inconsiderable.

3 His Honour Gibson DCJ dealt with the applicant by passing upon her a sentence of a fixed term of imprisonment for two years upon each of the counts in the indictment, directing that the sentences be served by way of periodic detention at Silverwater commencing on 29 September 1995 and ending on 28 September 1997.