R v Hovan [2005] NSWCCA 179

New South Wales Court of Criminal Appeal

R v Hovan [2005] NSWCCA 179 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 02/12/04

JUDGMENT DATE: 13 May 2005

JUDGMENT OF: James J at 1; Hidden J at 2; Bell J at 25

DECISION: Appeal allowed: on first charge, fixed term of imprisonment for six months from 26/02/04; on second and third charges, two-and-a-half years imprisonment, with non-parole period of twelve months, from 26/08/04.

CATCHWORDS: CRIMINAL LAW - application for leave to appeal against sentence - concurring in the making of a false instrument to obtain a benefit - making and using a false instrument - applicant a solicitor - whether adequate allowance for pleas of guilty and assistance to authorities - desirability of quantifying discount

Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1912

R v Halls (2002) 12 ACrimR 209 R v Thomson (2000) 49 NSWLR 383 CASES CITED: R v Waqa (No 2) [2005] NSWCCA 33 Pearce v The Queen (1998) 194 CLR 610

George Leslie Hovan (applicant) PARTIES: Regina (respondent)

FILE NUMBER(S): CCA 2004/2346 CCAP

SJ Odgers SC (applicant) COUNSEL: B Knox SC (Crown)

R F Bergagnin & Co Solicitors (applicant) SOLICITORS: S Kavanagh (Solicitor for Public Prosecutions)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 03/11/0974

LOWER COURT JUDICIAL OFFICER: J X Gibson ADCJ

IN THE COURT OF CRIMINAL APPEAL 2004/2346

JAMES J HIDDEN J BELL J