NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Tripodina [2001] NSWCCA 136 revised - 17/04/2001 FILE NUMBER(S) : CCA 60716/00 HEARING DATE(S) : 9 April 2001 JUDGMENT DATE : 9 April 2001
PARTIES : Regina v Joseph Anthony Tripodina JUDGMENT OF : Dowd J at 31; Smart AJ at 1
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0607 LOWER COURT JUDICIAL Kinchington DCJ OFFICER :
COUNSEL : (A) P Byrne SC (C) P G Berman SC SOLICITORS : (A) Greg Walsh & Co (R) S E O'Connor CATCHWORDS : Sentencing - extensive defalcations by senior employee over a long period and in a large amount - strong subjective features and pathological gambling - payment of compensation - cumulative sentences to reflect total criminality LEGISLATION CITED : Crimes Act 1900 The Queen v Thompson & Houlten 115 A Crim R 104 R v Wilkins (1988) 38 A Crim R 445 CASES CITED: R v Pantano (1990) 49A Crim R 338 R v Hawkins (1989) 45 A Crim R 430 R v O'Neill (unrep CCA 24 July 1996) R v McKechnie (unrep CCA 1 October 1987) DECISION : Leave to appeal granted - appeal dismissed
IN THE COURT OF CRIMINAL APPEAL 60716/00 DOWD J SMART AJ
Monday, 9 April 2001
REGINA v JOSEPH ANTHONY TRIPODINA JUDGMENT
1 SMART AJ : Joseph Anthony Tripodina seeks leave to appeal against the severity of sentences imposed upon him in respect of multiple offences of dishonestly obtaining for himself a financial advantage by deception.
2 On counts 1-9 he was sentenced to imprisonment for a fixed term of two years and six months. On count 10, taking into account 42 further offences under the same section, S 178BA (1) of the Crimes Act 1900, he was sentenced to imprisonment for four years cumulative upon the sentences imposed on counts 1-9 with a non-parole period of two years to commence on 27 April 2003 and to expire on 26 April 2005. Thus the effective sentence was imprisonment for six and a half years with a non-parole period of four and a half years. Under S 178BA the maximum penalty is five years imprisonment.
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