Anthony Simon Retsos v Regina [2006] NSWCCA 85

New South Wales Court of Criminal Appeal

CITATION: Anthony Simon Retsos v Regina [2006] NSWCCA 85

HEARING DATE(S): 16 March 2006

JUDGMENT DATE: 28 March 2006

JUDGMENT OF: Sully J at 1; Simpson J at 34; Howie J at 35

DECISION: Leave to appeal granted; Appeal allowed to extent only of quashing orders for payment of fines totalling $80,000

Crimes Act 1900 (NSW) Independent Commission Against Corruption Act 1988 (NSW) LEGISLATION CITED: Fines Act 1996 (NSW) Crimes (Sentencing Procedure) Act 1999 Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 (NSW) Criminal Appeal Act 1912 (NSW)

CASES CITED: Browne v Reg CCA 62, 14/3/06

PARTIES: Anthony Simon Retsos Regina

FILE NUMBER(S): CCA 2005/2492

COUNSEL: J.A. Girdham - Crown T. A. Game SC - Appellant

SOLICITORS: S. Kavanagh - Crown J. M. Whitfield - Appellant

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/11/1126

LOWER COURT JUDICIAL OFFICER: Finnane DCJ

IN THE COURT OF CRIMINAL APPEAL 2005/2492

SULLY J SIMPSON J HOWIE J

28 March 2006 Anthony Simon RETSOS v REGINA Judgment

SULLY J:

Introduction 1 On 21 December 2004 the present applicant, Mr. Retsos, was indicted before his Honour Judge Finnane QC in the District Court at Sydney. The indictment contained four counts. The first count charged the applicant with having aided and abetted the corrupt solicitation of a pecuniary benefit. Such an offence contravenes sections 249B(1) and 249F(1) of the Crimes Act 1900 (NSW), and attracts upon conviction a statutory maximum penalty of imprisonment for 7 years. The second count, the third count and the fourth count each charged the applicant with having given before the Independent Commission Against Corruption evidence that was to his then knowledge false in a material particular. Any such offence contravenes section 87 of the Independent Commission Against Corruption Act 1988 (NSW) and attracts upon conviction statutory maximum penalties of either or both of imprisonment for 5 years and a fine of $22,000. 2 The applicant pleaded guilty to each such charge. He asked that there be taken into account thirty-four further instances of the giving by him of knowingly false evidence before the Independent Commission Against Corruption; and this was done by his Honour. 3 On 23 December 2004 the applicant stood for sentence. The following penalties were imposed: