NSW Caselaw
Reported Decision: 70 NSWLR 660
New South Wales Court of Criminal Appeal
CITATION: Blundell v R [2008] NSWCCA 92 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 12 and 14 December 2007
JUDGMENT DATE: 29 April 2008
JUDGMENT OF: Grove J at 1; Hulme J at 2; Simpson J at 3
1. Leave granted to the applicant to appeal against the sentences imposed DECISION: 2. Each sentence be quashed 3. In lieu thereof, in respect of each offence direct the applicant to perform 100 hours of community service work 4. The applicant is directed to report to the NSW Probation and Parole Service within 7 days
CATCHWORDS: CRIMINAL LAW - appeal against sentence - obtaining money by deception, fraudulent misappropriation, obtaining money by false or misleading statements - pleas of guilty - whether inadequate recognition given to subjective circumstances and consideration of alternate sentencing options - prosecution did not oppose community service - failure to take into account s 5(1) of the Sentencing Procedure Act and to consider alternatives to a fulltime custodial sentence - lengthy delay in finalisation of the proceedings - sentence quashed and community service ordered.
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
PARTIES: Richard James Blundell - Appellant Regina - Respondent
FILE NUMBER(S): CCA 2007/3108
COUNSEL: J Conomos - Applicant CP O'Donnell - Respondent
SOLICITORS: Van Cooney Lawyer - Applicant Comonwealth Director of Public Prosecutions - Respondent
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