Heather Kathleen Power v Regina [2002] NSWCCA 244

New South Wales Court of Criminal Appeal

CITATION : Heather Kathleen Power v Regina [2002] NSWCCA 244 FILE NUMBER(S) : CCA 60801/01 HEARING DATE(S) : 19 June 2002 JUDGMENT DATE : 19 June 2002

PARTIES : Heather Kathleen Power v Regina JUDGMENT OF : Greg James J at 1,43; Smart AJ at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0713 LOWER COURT JUDICIAL Latham DCJ OFFICER :

COUNSEL : (A) M Ramage QC (C) D Frearson SOLICITORS : (A) Turner Freeman (C) S E O'Connor CATCHWORDS : Sentencing - major fraud - principles to be applied - substantial head sentences with lesser non-parole periods LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Pantano (1990) 49 A Crim R 328 CASES CITED: Regina v Pearce 194 CLR 610 Corbett 52 A Crim R 112 at 117 Bugmy v The Queen (1990) 169 CLR 525 DECISION : See para 42

IN THE COURT OF CRIMINAL APPEAL 60801/01 GREG JAMES J SMART AJ

Wednesday, 19 June 2002 REGINA v HEATHER KATHLEEN POWER JUDGMENT

1. GREG JAMES J: The Court is in a position to give judgment immediately. I ask Smart AJ to deliver the first judgment.

2. SMART AJ: Heather Kathleen Power seeks leave to appeal against the asserted severity of sentences imposed on 39 counts of make false instrument, to which she pleaded guilty. The maximum penalty for each offence is ten years. The offences commenced on 16 October 1996 and continued until 27 October 2000, a period of four years. The making of the false instruments resulted in her employer, the National Bank of Australia Limited, being defrauded of large sums of money.