R v Schultz [2008] NSWCCA 199

New South Wales Court of Criminal Appeal

CITATION: R v Schultz [2008] NSWCCA 199

HEARING DATE(S): 11 August 2008

JUDGMENT DATE: 4 September 2008

JUDGMENT OF: McClellan CJ at CL at 1; Barr J at 25; Price J at 26

DECISION: 1.The appeals are dismissed and the sentence on count 1 is confirmed. In relation to counts 2 and 3 the head sentence and release dates are confirmed. In lieu of the direction which was made by sentencing judge the Court directs that the respondent be released at the expiration of 6 months of his sentence upon entering a recognizance pursuant to s 20(1)(b) himself in the sum of $200, to be of good behaviour for a period of 2 years from that date and to appear and receive sentence if so called upon at any time in respect of any breach within the relevant period. 2. A further direction is that he accept the supervision and guidance of an officer of the NSW Probation Service for a period of 2 years and obey all reasonable directions. He must report to the Probation Service within 7 days of his release. Date for release is confirmed as 15 October 2008.

CATCHWORDS: CRIMINAL LAW – Crown Appeal – Criminal Code 1995 (Cth) – Dishonestly obtaining a financial advantage from a Commonwealth entity – Challenge to direction by sentencing judge that offender be released on recognizance – Whether period of imprisonment before recognizance release manifestly inadequate – Relationship between head sentence and period provided in recognizance release order

LEGISLATION CITED: Crimes Act 1914 (Cth) Criminal Code 1995 (Cth)

CATEGORY: Principal judgment

Bernier (1998) 102 A Crim R 44 Dinsdale v The Queen (2000) 202 CLR 321 Everett v The Queen (1994) 181 CLR 295 Johnsson v R [2007] NSWCCA 192 CASES CITED : Lowndes v The Queen (1999) 195 CLR 665 Paull (1990) 20 NSWLR 427 R v Drazkiewicz (unreported, CCA, 23 November 1993 R v Smith [2004] QCA 417 R v Wall [2002] NSWCCA 42 The Queen v Shrestha (1990) 173 CLR 48