Regina v FARRANT [2005] NSWCCA 229

New South Wales Court of Criminal Appeal

CITATION: Regina v FARRANT [2005] NSWCCA 229

HEARING DATE(S): 14 June 2005

JUDGMENT DATE: 22 July 2005

JUDGMENT OF: James J at 1; Howie J at 2; Rothman J at 3

DECISION: 1. Leave to appeal granted; 2. Appeal dismissed.

CATCHWORDS: Criminal law - Appeal against sentence - Totality - One course of criminal conduct - Redressing previous leniency - Seriousness of offence of dishonesty in employment

Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1912

Lowndes v R (1999) 195 CLR 665 House v The King (1936) 55 CLR 499 Johnson v R (2004) 78 ALJR 616 CASES CITED: Pearce v R (1998) 194 CLR 610 O'Keefe v The Crown (1992) 60 A Crim R 201 Veen (No. 2) (1998) 164 CLR 465

The Crown PARTIES: Danielle FARRANT

FILE NUMBER(S): CCA 2005/497

Crown - J A Girdham COUNSEL: Applicant - A Barber

Crown - Solicitor for Public Prosecutions SOLICITORS: Applicant - Ross Hill, solicitor

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/11/0690

LOWER COURT JUDICIAL OFFICER: Berman DCJ

IN THE COURT OF CRIMINAL APPEAL 2005/497 CCAP

JAMES J HOWIE J ROTHMAN J

22 July 2005 REGINA v Danielle FARRANT Judgment 1 JAMES J: I agree with Rothman J. 2 HOWIE J: I agree with Rothman J. 3 ROTHMAN J: This is an application for Leave to Appeal pursuant to the terms of s.5(1)(c) of the Criminal Appeal Act 1912 against sentence imposed upon the applicant in respect of eight offences. Those offences relate to six counts of making a false instrument in contravention of s.300(1) of the Crimes Act 1900 (Counts 1 to 6) and two counts of obtaining money by deception contrary to the provisions of s.178BA(1) of the Crimes Act 1900 (Counts 7 & 8). 4 The maximum penalty for making a false instrument is ten years imprisonment and the maximum penalty for obtaining money by deception is five years imprisonment. 5 The sentence imposed was: in relation to count 1, a non-parole period of 15 months imprisonment with a total term of 2 years and 6 months imprisonment to commence on 3 December 2004; in relation to counts 2-6; a non-parole period of 12 months imprisonment with a total term of 2 years to commence on 3 December 2004; in relation to counts 7 and 8; imprisonment for a fixed term of 9 months to commence on 3 September 2004. His Honour made a finding of special circumstances and a significant adjustment was made to the sentence. The total effective sentence was 2 years and 9 months with a non-parole period of eighteen months.