REGINA v. TRIM [2002] NSWCCA 82

New South Wales Court of Criminal Appeal

CITATION : REGINA v. TRIM [2002] NSWCCA 82 FILE NUMBER(S) : CCA No. 60231 of 2001 HEARING DATE(S) : Tuesday 19 March 2002 JUDGMENT DATE : 19 March 2002

PARTIES : REGINA v. TRIM, Brian JUDGMENT OF : Greg James J at 1; Buddin J at 28

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/21/0287 LOWER COURT JUDICIAL Karpin, DCJ. OFFICER :

COUNSEL : Crown: L.M.B. Lamprati App: T.J. Golding SOLICITORS : Crown: S.E. O'Connor App: D.J. Humphreys CATCHWORDS : Criminal law - appeal - sentence - fraud and forgery - two charges encompassing over 800 acts of dishonesty over long period - position of trust - sentenced to maximum less discount for plea and totality - no account in sentences for favourable subjective circumstances - appeal upheld - appellant re-sentenced. Crimes Act 1900 LEGISLATION CITED : Criminal Appeal Act 1912 Crimes (Sentencing Procedure) Act Thomson & Houlton (2000) 115 A. Crim. R. 104 CASES CITED: Cameron [2002] HCA 6 Pearce (1998) 194 CLR 610 DECISION : Leave to appeal granted. Appeal upheld. The sentences imposed in the District Court quashed and in lieu the applicant is sentenced, on count one, to a fixed term of two years, six months imprisonment to date from 16 March 2001 and to expire on 15 September 2003; on count two, the applicant to be sentenced to a period of imprisonment for three years, six months to commence on 16 September 2003 and to expire on 15 March 2007. On that sentence, there will be a non-parole period of six months to expire on 15 March 2004. On the first sentence, no non-parole period imposed for the reason that the sentence on a fixed term and the sentenced on the second count is to be cumulative on the sentence on the first count.