NSW Caselaw
Reported Decision : (2002) 134 A Crim R 142
New South Wales Court of Criminal Appeal
CITATION : Regina v Reece Evan Wayne [2002] NSWCCA 426 FILE NUMBER(S) : CCA 60231/2002 HEARING DATE(S) : 15/10/02 JUDGMENT DATE : 15 October 2002
PARTIES : Regina Reece Evan Wayne JUDGMENT OF : Hodgson JA at 39; Buddin J at 1; Smart AJ at 33
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 02/11/0237 LOWER COURT JUDICIAL Nield DCJ OFFICER :
COUNSEL : M Bracks (Crown) HK Dhanji (Applicant) SOLICITORS : Commonwealth Director of Public Prosecutions Giddy & Crittenden (Applicant) CATCHWORDS : Appeal against severity - social security offences - voluntarily ceasing fraudulent activities - significance of pecuniary penalty order - no basis for intervention. LEGISLATION CITED : Crimes Act 1914 (Cth) Proceeds of Crime Act 1987 (Cth) R v Allen (1989) 41 A Crim R 51 R v Bacon [2000] NSWCCA 549 R v Conway (2001) 121 A Crim R 177 CASES CITED: R v Lopez [1999] NSWCCA 245 R v Purdon (NSWCCA 27 March 1997 unreported) Hunt CJ at CL R v Sopher (1993) 70 A Crim R 570 R v Winchester (1992) 58 A Crim R 345 DECISION : Leave to appeal granted. Appeal allowed to the extent only that the condition of the recognisance referred to by the sentencing judge that there be actual payment of the pecuniary penalty be deleted. Otherwise the sentence is confirmed.
IN THE COURT OF CRIMINAL APPEAL 60231/02
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