NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Johnsson v Regina [2007] NSWCCA 192
HEARING DATE(S): 19 June 2007
JUDGMENT DATE: 13 July 2007
JUDGMENT OF: Beazley JA at 1; Grove J at 2; Simpson J at 46
DECISION: Leave to appeal against sentence granted; Appeal dismissed
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - SENTENCE - COMMONWEALTH OFFENCES - DISHONESTLY OBTAINING SOCIAL SECURITY BENEFITS - ORDER FOR SERVICE OF IMPRISONMENT BY PERIODIC DETENTION - OBLIGATION TO MAKE RECOGNIZANCE RELEASE ORDER - APPROPRIATE POWER TO MAKE SUCH ORDERS - MISTAKEN REFERENCE TO STATUTE OF NO CONSEQUENCE - SENTENCE NOT MANIFESTLY EXCESSIVE
Crimes Act 1914 (Commonwealth) LEGISLATION CITED: Crimes Regulations 1990 Crimes (Sentencing Procedure) Act 1999 Criminal Code Act 1995
Putland v The Queen (2004) 218 CLR 174 R v Bernier [1998] 102 A Crim R 44 R v Caradonna [2000] NSWCCA 398 CASES CITED: R v Halllocoglu (1992) 29 NSWLR 67 R v Smith [2004] QCA 417 R v Sofer [1993] 70 A Crim R 570 R v Togias [2001] 127 A Crim R 23 R v Winchester [1992] 58 A Crim R 345
PARTIES: Anne Greta Johnsson v Regina
FILE NUMBER(S): CCA 2007/968
COUNSEL: N. Steel (Applicant) G.A. Farmer (Respondent/Crown)
SOLICITORS: S.E. O'Connor (Applicant) Commonwealth DPP (Respondent/Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/41/0114
LOWER COURT JUDICIAL OFFICER: Bennett DCJ
LOWER COURT DATE OF DECISION: 22/08/06
- 1 - edIN THE COURT OF CRIMINAL APPEAL 2007/968
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