R v Farlow [2001] NSWCCA 348

New South Wales Court of Criminal Appeal

CITATION : R v Farlow [2001] NSWCCA 348 FILE NUMBER(S) : CCA 60711/00 HEARING DATE(S) : 10/9/01 JUDGMENT DATE : 10 September 2001

PARTIES : Regina Lyndsay Frances Farlow JUDGMENT OF : Sully J at 38; Carruthers AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/61/0066 LOWER COURT JUDICIAL Shillington DCJ OFFICER :

COUNSEL : M C Grogan (Crown) P R Boulten (App) SOLICITORS : S E O'Connor D J Humphreys CATCHWORDS : Sentence -dishonestly obtain money by deception - appeal against severity - consideration of subjective circumstances when offender elects not to give evidence - consideration of early guilty plea by trial judge. LEGISLATION CITED : Crimes Act 1900 CASES CITED: R v Thomson and Houlton (2000) 49 NSWLR 383 R v Tripodina (2001) NSWCCA 136 DECISION : Leave to appeal granted. Appeal dismissed.

- 14 -IN THE COURT OF CRIMINAL APPEAL 60711/00

SULLY J CARRUTHERS AJ

Monday 10 September 2001

Regina v Lyndsay F Farlow

JUDGMENT

1 CARRUTHERS AJ: Lyndsay Frances Farlow seeks leave to appeal against sentences imposed upon her at the District Court by his Honour Judge Shillington QC on 13 October 2000. The applicant had pleaded guilty at the Bathurst Local Court on 29 May 2000 to 12 counts of dishonestly obtain money by deception pursuant to s 178BA(1) of the Crimes Act 1900 which offence carries a maximum penalty of imprisonment for five years.

2 His Honour was also asked to take into account 13 other counts under s 178BA(1) on a Form 1. The date of the offences in the indictment range from 13 September 1990 to 25 November 1998.