Robertson v R [2007] NSWCCA 270

Reported Decision: 177 A Crim R 121

New South Wales Court of Criminal Appeal

CITATION: Robertson v R [2007] NSWCCA 270 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 28/08/07

JUDGMENT DATE: 26 October 2007

JUDGMENT OF: Basten JA at 1; Latham J at 2; Rothman J at 3

(i) Leave to appeal be granted; (ii) Appeal be granted only to the following extent: The sentence imposed on 22 September 2006 be quashed and in lieu thereof Mr Robertson be sentenced as follows: DECISION: (a) Count 1: Defrauding the Commonwealth: a period of imprisonment of five years and six months commencing 22 September 2006 and concluding 21 March 2012; (b) Count 2: Attempting to defraud the Commonwealth: a period of imprisonment of three years and six months commencing on 22 March 2008 and concluding on 21 September 2011; (c) The two offences contained in s. 16BA Schedule have been taken into account in sentencing on Count 1; (d) Non-parole period: an overall non-parole period of three years and six months commencing 22 September 2006 and concluding on 21 March 2010.

CATCHWORDS: CRIMINAL LAW - Sentence appeal - Commonwealth offences - Defraud the Commonwealth - Conspiracy to defraud the Commonwealth - Plea of guilty - Delay in prosecution - Serious offences - Exercise of discretion - No error of law - New sentence to correct administrative or clerical error.

LEGISLATION CITED: Crimes Act 1914 (Cth)

El-Chaar v R [2007] NSWCCA 16 McKenna v R [1999] NSWCCA 358 R v Bloomfield (1998) 44 NSWLR 734 R v Bugeja [2001] NSWCCA 196 R v Lyon (1906) 3 CLR 770 CASES CITED: R v Ronen (2006) 161 A Crim R 300; [2006] NSWCCA 123 R v Todd [1982] 2 NSWLR 517 Vogel v Anderson (1967) 120 CLR 157 R v Khamas (1999) 108 A Crim R 499 Mill v R (1988) 166 CLR 59 R v Blanco (1999) 106 A Crim R 303 R v Barker; R v Gibson [2006] NSWCCA 20