NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: STRATFORD v R [2007] NSWCCA 279
HEARING DATE(S): 10 August 2006
JUDGMENT DATE: 18 September 2007
JUDGMENT OF: McClellan CJ at CL at 1; Harrison J at 48; Fullerton J at 53
DECISION: 1. Leave to appeal granted; 2. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW – Appeal against sentence – company secretary – fraud – chain of offences – complete reparation of monies – strong subjective case – error by taking matters on Form 1 into account on the wrong principal offence – whether failure to properly take into account restitution – error in finding as an aggravating factor that the offences involved multiple criminal acts – whether sentence was manifestly excessive
LEGISLATION CITED: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999
Aubrey Watts v Regina [2007] NSWCCA 153 R v Brillo (unreported NSWCCA 26 May 1997) R v Carr (2002) 135 A Crim R 171 R v Egerton (unreported NSWCCA 8 August 1997) R v Giam (No 2) (1999) 109 A Crim R 348; NSWCCA 378 R v Houghton [2000] NSWCCA 62 CASES CITED: R v Jackson [2001] NSWCCA 355 R v Martin [2005] NSWCCA 190 R v Pearce (1998) 194 CLR 610 R v Phelan (1993) 66 A Crim R 446 R v Scott [2005] NSWCCA 152 R v Tadrosse (2005) 65 NSWLR 740 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Wong [2001] NSWCCA 444
PARTIES: Barry Stratford (Appl) The Crown
FILE NUMBER(S): CCA 2006/5063
COUNSEL: L Brasch (Appl) M Barr (Crown)
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