R v Colleen Halls and Francis Halls [2002] NSWCCA 55

Reported Decision : (2002) 127 A Crim R 209

New South Wales Court of Criminal Appeal

CITATION : R v Colleen Halls and Francis Halls [2002] NSWCCA 55 FILE NUMBER(S) : CCA 6077/01 HEARING DATE(S) : 6 March 2002 JUDGMENT DATE : 6 March 2002

Regina (Respondent) PARTIES : Colleen Halls and Francis Halls (Applicants) JUDGMENT OF : Stein JA at 30; O'Keefe J at 29; Buddin J at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0745; 01/11/0754 LOWER COURT JUDICIAL Shadbolt DCJ OFFICER :

COUNSEL : MG Allnutt (Commonwealth Crown) H Dhanji (Applicants) SOLICITORS : Commonwealth Director of Public Prosecutions Richard A Licardy & Co (Applicants) CATCHWORDS : Appeal - severity - obtain credit whilst undischarged bankrupt - obtain credit by fraud - need to quantify adjustment required by s 16G of the Commonwealth Crimes Act - delay - Sentences manifestly excessive - parity LEGISLATION CITED : Bankruptcy Act 1966 (Cth) Commonwealth Crimes Act DPP v El Karhani (1990) 21 NSWLR 370 Lowe v The Queen (1984) 154 CLR 606 CASES CITED: R v PPB [1999] NSWCCA 360 R v Smith & Jones [2001] NSWCCA 279 R v Todd (1982) 2 NSWLR 517 DECISION : Leave to appeal is granted. In the case of Colleen Halls the appeal is dismissed. In the case of Francis Halls the appeal is allowed. The sentence is quashed and in lieu thereof sentenced to 12 months imprisonment to date from 26 October 2001. A recognisance release order commencing on that date and expiring on 25 June 2002 is made.