McGuiness v R [2008] NSWCCA 80

New South Wales Court of Criminal Appeal

CITATION: McGuiness v R [2008] NSWCCA 80

HEARING DATE(S): 20/3/08

JUDGMENT DATE: 11 April 2008

JUDGMENT OF: Bell JA at 1; Simpson J at 1; Rothman J at 1

1. Grant leave to appeal; 2. Allow the appeal; 3. Quash the sentences imposed in the District Court on counts 1, 6 and 7 and confirm the sentences imposed on counts 2, 3, 4 and 5; DECISION: 4. On count 1 sentenced to six months' imprisonment to commence on 23 November 2007 and to expire on 22 May 2008; 5. Confirm the sentences of three months dating from 23 November 2007 on counts 2, 3, 4 and 5. Such sentences will expire on 22 February 2008; 6. On count 6 the applicant is sentenced to six months' imprisonment to date from 23 February 2008. That sentence will expire on 22 August 2008; 7. On count 7 the applicant is sentenced to nine months' imprisonment to date from 23 February 2008. That sentence will expire on 22 November 2008; 8. Direct the applicant's release forthwith on her entering into a recognizance self in the sum of $50.00 to be of good behaviour for the balance of the sentence until 22 November 2008;

CATCHWORDS: CRIMINAL LAW - fraud offences - SENTENCING - appeal against severity of sentence - no question of general principle

Crimes Act 1914 (Cth) LEGISLATION CITED: Criminal Appeal Act 1912 (NSW) Criminal Code Act Criminal Code by the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (Cth)

Lowe v R (1984) 154 CLR 606 Pearce v R (1998) 194 CLR 610 R v Blaire (unreported), Court of Criminal Appeal, 20 November 1987 CASES CITED : R v Formosa [2005] NSWCCA 363 R v Kerr [2003] NSWCCA 234 R v Winchester (1992) 58 A Crim R 345 Shaopang Yin v R [2007] NSWCCA 350 Spinks v R [2007] NSWCCA 52