REGINA v. KELLY [2006] NSWSC 1142

New South Wales Supreme Court

CITATION : REGINA v. KELLY [2006] NSWSC 1142

HEARING DATE(S) : Friday 22 September 2006

JUDGMENT DATE : 3 November 2006

JURISDICTION : Criminal

JUDGMENT OF : Hall J at 1

DECISION : I make a community service order directing the offender to perform community service work as defined in s.3 of the Crimes (Administration of Sentences) Act 1999 for a period of 500 hours. The offender is to comply with standard conditions set out under clause 205 of the Crimes (Administration of Sentences) Regulation 2001.

CATCHWORDS : Sentencing - plea of guilty to a charge of concurring with a false or misleading statement to obtain financial advantage - s.178BB Crimes Act 1900 (NSW) - offender held position of chief accountant with HIH - relevant sentencing factors pursuant to s.21A, Crimes (Sentencing Procedure) Act 1999 (NSW) - court must not sentence an offender to imprisonment unless satisfied, having regard to all possible alternatives, that no penalty other than imprisonment is appropriate - community service order an appropriate sentence in the circumstances

Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) LEGISLATION CITED : Crimes Legislation Amendment (Periodic and Home Detention) Act 2000 (NSW) Crimes (Administration of Sentences) Act 1999 Crimes (Administration of Sentences) Regulation 2001

Regina v. Boskovitz [1999] NSWCCA 437 Regina v. Glenister [1980] 2 NSWLR 597 Regina v. Pantano (1990) 49 A. Crim. R. 328 Regina v. Halabi (CCA, unreported 17 February 1992) CASES CITED : Regina v. Corner (CCA, unreported 19 December 1997) Regina v. McKechnie (CCA, unreported 1 October 1987) Regina v. Adler [2005] NSWSC 274 Regina v. Rivkin [2004] NSWCCA 7 Regina v. Williams (2005) 152 A. Crim. R. 548 Regina v. Chu (CCA, unreported 16 October 1998)