NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Gardiner [2002] NSWCCA 209 FILE NUMBER(S) : CCA 60128/02 HEARING DATE(S) : 23 May 2002 JUDGMENT DATE : 5 June 2002
PARTIES : Regina v Terrence James Gardiner JUDGMENT OF : Dowd J at 1; Smart AJ at 2
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/1090 LOWER COURT JUDICIAL Stewart ADCJ OFFICER :
COUNSEL : (A) C Steirn SC (C) P G Ingram SOLICITORS : (A) James A Hall (C) S E O'Connor CATCHWORDS : Sentencing - fraudulent misappropriation and false swearing - importance of repayment - same day admission of false swearing - protective custody - former police officer and personal danger to him - serious medical condition - special circumstances - prior bravery Sentencing Act 1989 LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Criminal Assets Recovery Act 1990 Phelan (1993) 66 A Crim R 446 R v Simpson [2001] NSWCCA 534 CASES CITED: R v GDR (1994) 35 NSWLR 376 Pearce v The Queen (1998) 194 CLR 610 Ryan v The Queen (2001) 75 ALJR 815 DECISION : See para 60
IN THE COURT OF CRIMINAL APPEAL 60128/02
DOWD J SMART AJ
Wednesday, 5 June 2002
REGINA v TERRENCE JAMES GARDINER
JUDGMENT
1. DOWD J: I have read the judgment of Smart AJ in draft form. I agree with the reasons of Smart AJ and the orders proposed.
2. SMART AJ: Terrence James Gardiner seeks leave to appeal against the asserted severity of 15 concurrent sentences of imprisonment on 15 counts of fraudulent misappropriation, the longest sentence being 2 years 4 months with a non-parole period of 1 year 4 months on Count 7. This count dealt with the largest amount misappropriated, namely, $14,000. Although the Application for Leave to Appeal which was lodged extends to a sentence of imprisonment of 1 year 3 months with a non-parole period of 6 months for false swearing, the applicant by his counsel wrote that the application for leave to appeal against this latter sentence was not pressed. The applicant pleaded guilty to all counts in the Local Court and was committed for sentence.
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