Joseph Paragalli v Regina [2006] NSWCCA 87

New South Wales Court of Criminal Appeal

CITATION: Joseph Paragalli v Regina [2006] NSWCCA 87 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 22 March 2006

JUDGMENT DATE: 29 March 2006

JUDGMENT OF: McClellan CJ at CL at 1; Sully J at 2; Hislop J at 38

DECISION: Leave to appeal against sentence granted; Appeal against sentence dismissed

LEGISLATION CITED: Bankruptcy Act 1966 (C'th) Crimes Act 1914 (C'th)

PARTIES: Joseph Paragalli Regina

FILE NUMBER(S): CCA 2005/2486

COUNSEL: W. J. Abraham QC - Crown H. J. Dhanji - Applicant

SOLICITORS: Comonwealth DPP - Crown Legal Aid Commission of NSW - Applicant

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/11/1127

LOWER COURT JUDICIAL OFFICER: Blackmore DCJ

IN THE COURT OF CRIMINAL APPEAL 2005/2486

McCLELLAN CJ at CL SULLY J HISLOP J

29 March 2006 Joseph PARAGALLI v REGINA Judgment 1 McCLELLAN CJ at CL: I agree with Sully J. 2 SULLY J: In February 2005 the applicant, Mr. Paragalli, was presented before his Honour the Chief Judge of the District Court, upon an indictment containing 4 counts. The first count charged that the applicant had carried on business without disclosing to every person with whom he dealt the fact that he was an undischarged bankrupt. The second, third and fourth charges each alleged that the applicant had obtained credit without informing the credit provider that he, the applicant, was an undischarged bankrupt. Any such offence contravenes section 269(1) of the Bankruptcy Act 1966 (C'th) and attracts upon conviction a statutory maximum penalty of, relevantly, imprisonment for 3 years. 3 On 22 April 2005 the applicant appeared before his Honour Judge Blackmore in the District Court at Sydney. He asked that two further matters be taken into account pursuant to the provisions in that behalf of section 16BA of the Crimes Act 1914 (C'th), and Judge Blackmore acceded to that request. Proceedings on sentence were completed and the applicant was remanded in custody until 2 May 2005. 4 On 2 May 2005 Judge Blackmore passed sentence upon the applicant. The details are: