SANCHET v DIRECTOR OF PUBLIC PROSECUTIONS (COMMONWEALTH) [2006] NSWCCA 291

New South Wales Court of Criminal Appeal

CITATION: SANCHET v DIRECTOR OF PUBLIC PROSECUTIONS (COMMONWEALTH) [2006] NSWCCA 291 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 24 August 2006

JUDGMENT DATE: 11 September 2006

JUDGMENT OF: Basten JA at 1; Whealy J at 32; Howie J at 33

DECISION: (1) Application for leave to appeal against sentence granted; (2) Appeal dismissed.

CATCHWORDS: SENTENCING – 61 charges of fraudulently obtaining social security benefits by providing 22 false identities over 4 years – whether sentence reflected "overall criminality" involved in the offences – whether sentence excessive – manner in which factors identified in s 16A(2) of the Crimes Act 1914 (Cth) should be applied – whether sentencing judge failed to give appropriate weight to the provision of assistance by the applicant to federal authorities – whether judge failed to give sufficient reasons for sentence

Crimes Act 1914 (Cth), ss 16A, 16G, 19, 21E, 29B LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 (NSW), s 22 Criminal Code Act 1995 (Cth), s 135.1 Judiciary Act 1903 (Cth), ss 68, 79

Director of Public Prosecutions v Milne [2001] VSCA 93 Harding v Moreland [2006] WASC 8 Markarian v The Queen (2005) 79 ALJR 1048 Mill v The Queen (1988) 166 CLR 59 Postiglione v The Queen (1997) 189 CLR 295 CASES CITED: Putland v The Queen (2004) 218 CLR 174 R v Gallagher (1991) 23 NSWLR 220 R v Geddes (1936) 36 SR(NSW) 554 R v White (unrep, 20 August 1998) R v Thompson and Houlton (2000) 49 NSWLR 383 Ralph v Nawrojee [2003] WASCA 5 Wong and Leung v The Queen (2001) 207 CLR 584