Regina v McLellan [2004] NSWCCA 73

New South Wales Court of Criminal Appeal

CITATION : Regina v McLellan [2004] NSWCCA 73 HEARING DATE(S) : 17 March 2004 JUDGMENT DATE : 17 March 2004

JUDGMENT OF : Hodgson JA at 1, 28, 30; Shaw J at 29; Smart AJ at 2 DECISION : See para 27

CATCHWORDS : Attention not paid to special circumstances which warranted shorter non-parole period LEGISLATION CITED : Crimes Act Crimes (Sentencing Procedure) Act 1999 CASES CITED : Pearce (1998) 194 CLR 610 PARTIES : Regina v Traceylee Joy McLellan FILE NUMBER(S) : CCA 60429/03 COUNSEL : (A) C Bruce (C) B Knox SC SOLICITORS : (A) S E O'Connor (C) S Kavanagh

LOWER COURT District Court JURISDICTION : LOWER COURT 02/21/3156; 02/21/3157; 03/21/3031 FILE NUMBER(S) : LOWER COURT Goldring DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60429/03 HODGSON JA SHAW J SMART AJ

Wednesday, 17 March 2004 Regina v Traceylee Joy McLELLAN JUDGMENT

1. HODGSON JA: I will ask Smart AJ to give the first judgment.

2. SMART AJ: Traceylee Joy McLellan appeals against the severity of accumulated sentences totalling five years six months with a non-parole period of four years six months. She was charged with sixteen counts: (a) Seven counts (counts 1, 2, 4, 5, 6, 7 and 9) of obtain money by deception (s 178BA of the Crimes Act - maximum penalty five years).

On count 1, seven further similar offences and on count 4, fourteen similar offences were taken into account.

On each of counts 1 and 4 a fixed term of imprisonment of two years was imposed, commencing on 3 October 2004. On each of counts 2, 5, 6, 7 and 9 a fixed term of imprisonment of eighteen months was imposed, commencing on 3 October 2004.