GOMES v Regina [2008] NSWCCA 142

New South Wales Court of Criminal Appeal

CITATION: GOMES v Regina [2008] NSWCCA 142

HEARING DATE(S): 7 December 2007

JUDGMENT DATE: 24 June 2008

JUDGMENT OF: Tobias JA at 1; Hulme J at 2; Hidden J at 53

DECISION: Leave to appeal granted Appeal dismissed

Regina PARTIES: Alfredo GOMES Jose GOMES

FILE NUMBER(S): CCA 2007/2906; 2007/2907

COUNSEL: Crown: Mr M Barr Applicants: Mr P Byrne SC

SOLICITORS: Crown: S Kavanagh Applicants: P Hodges

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/11/0929 06/11/0932

LOWER COURT JUDICIAL OFFICER: Mahoney ADJ

- 1 - IN THE COURT OF CRIMINAL APPEAL 2007/2906 2007/2907

TOBIAS JA HULME J HIDDEN J

Tuesday, 24 June 2008 Alfredo Julio GOMES v R Jose Manuel GOMES v R Judgment 1 TOBIAS AJA: I agree with Hulme J. 2 HULME J: Each of the Applicants for leave to appeal in the above matters pleaded guilty to 12 counts, the first of which was in terms that they:- "Being directors of a body corporate, namely Smartpak Australia Pty Ltd, did defraud Scottish Pacific Business Finance Pty Ltd, by factoring false invoice number 46155 in the name of Wolf Industries Pty Ltd for the amount of $55,065.12 to Scottish Pacific Business Finance Pty Ltd. 3 The other 11 counts took a similar form although the names on the invoices were commonly different and the amounts varied between about $12,000 and $46,000. The total of the amounts stated in the 12 counts was $378,144.72. 4 The offences arose under Section 176A of the Crimes Act and each rendered the Applicant liable to imprisonment for a period of 10 years. 5 The Applicants asked that a further 62 similar offences be taken into account. The total of the invoice amounts, the subject of the 12 counts and the 62 further matters was $2,044,664.72. The smallest amount involved in any offence was just over $7,000 and the largest just over $55,000. The 74 offences occurred over a period from November 2002 to June 2003. It would seem that the 74 offences were intended to be representative charges given that the statement of Agreed Facts placed before Mahoney DCJ indicated that there had been over 400 false invoices factored between November 2002 and October 2003. However, as the balance of these invoices were not the subject of charges, the Applicants could not be punished for any criminality involved in the use of these further invoices. 6 The sentences his Honour's remarks on sentence indicated he intended to impose were as follows:- AB 28-9, 65 Count Commencing Date Non-parole period or fixed term Full Term 6, 11 29.3.07 16 months fixed term 4, 5, 7, 9 29.09.07 69 weeks 23 months (about 17 ¼ months) 1, 2, 3, 8, 10 & 12 8.3.08 24 months 47 months