NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: John Michael HIGGINS v Regina [2006] NSWCCA 38
HEARING DATE(S): 22 February 2006 JUDGMENT OF: Spigelman CJ at 1, 40; Barr J at 37; Howie J at 38
EX TEMPORE JUDGMENT DATE: 02/22/2006
DECISION: 1. Leave to appeal granted.; 2. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW – SENTENCE APPEAL– Application for leave to appeal against severity of sentence. - CRIMINAL LAW – SENTENCE APPEAL– Subjective circumstances - Belief by those committing fraud or misappropriation that they will rectify the situation before being caught is common and not entitled to substantial weight in the sentencing exercise. - CRIMINAL LAW – SENTENCE APPEAL– Whether trial judge gave sufficient reasons regarding the factors in s16A(2)(a) of Crimes Act 1914 (Cth). - CRIMINAL LAW – SENTENCE APPEAL– Whether sentence manifestly excessive. - CRIMINAL LAW – SENTENCE APPEAL– Special Circumstances – Considerable weight to be accorded to general deterrence in white-collar crimes involving breach of trust.
Corporations Act 2001 (Cth): s1041G LEGISLATION CITED: Crimes Act 1914 (Cth): s16A Crimes Act 1900 (NSW): s178A Crimes (Sentencing Procedure Act) 1999 (NSW): s21A
CASES CITED: R v Corbett (1991) 52 A Crime R 112 R v Dubois (2004) 88 SASR 304
PARTIES: John Michael Higgins (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2032/2005
COUNSEL: M.B. Lee (Applicant) W. Abraham (Respondent)
SOLICITORS: Harris Freidman Page (Applicant) Commonwealth Director of Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
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