Alcorn v Regina [2006] NSWCCA 209

New South Wales Court of Criminal Appeal

CITATION: Alcorn v Regina [2006] NSWCCA 209

HEARING DATE(S): 30 May 2006

JUDGMENT DATE: 10 July 2006

JUDGMENT OF: McClellan CJ at CL at 1; James J at 2; Hall J at 89

DECISION: Leave to appeal against sentence granted; Appeal against sentence allowed; Sentences imposed quashed and in lieu (as per para 88 of judgment)

Crimes Act LEGISLATION CITED: Criminal Procedure Act Duties Act 1997 Crimes (Sentencing Procedure) Act

Pearce v The Queen (1998) 194 CLR 610 CASES CITED: R v Hammoud (2000) 118 A Crim R 66 R v Todd (1982) 2 NSWLR 517

PARTIES: Brian Dean Alcorn Regina

FILE NUMBER(S): CCA 2006/302

COUNSEL: P. M. Miller - Crown E. Fullerton SC - Appellant

SOLICITORS: S. Kavanagh - Crown G. Walsh - Appellant

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/051/0058

LOWER COURT JUDICIAL OFFICER: Black DCJ

LOWER COURT DATE OF DECISION: 6 September 2005

IN THE COURT OF CRIMINAL APPEAL 2006/302

McCLELLAN CJ at CL JAMES J HALL J 10 July 2006

Brian Dean ALCORN v REGINA Judgment 1 McCLELLAN CJ at CL: I agree with James J. 2 JAMES J: Brian Dean Alcorn applied for leave to appeal against sentences imposed on him in the District Court on 6 September 2005 by his Honour Judge Black for six offences charged in an indictment dated 12 August 2005, to all of which the applicant had pleaded guilty. 3 The six offences were two offences under s 300(2) of the Crimes Act of knowingly using a false instrument (counts 1 and 2 in the indictment) and four offences under s 249B(1)(b) of the Crimes Act of corruptly receiving a benefit as an agent (counts 3 to 6 in the indictment). 4 In each of the two offences under s 300(2) of the Crimes Act the applicant had on 17 June 2002 used a false instrument being a statutory declaration purportedly signed by Manus Michael Friel (count 1) or by Kevin Patrick Friel and Manus Michael Friel (count 2), knowing it to be false, with intent to induce Malcolm Blakeley of the Office of State Revenue to accept the instrument as genuine and give the applicant a cheque, for $34,043 (count 1) or $47,539 (count 2). 5 In each of the four offences under s 249B(1)(b) of the Crimes Act the applicant being an agent of the Marsdens Law Group solicitors of which he was a partner, had corruptly received from a man named Neville Stumer a signed but otherwise blank cheque, on the understanding that the applicant could complete the cheque in his favour for a certain sum and the receipt of the cheque would have tended to influence the applicant to show favour to Neville Stumer in relation to the business of the Marsdens Law Group.