BRAUN v REGINA [2008] NSWCCA 269

New South Wales Court of Criminal Appeal

CITATION: BRAUN v REGINA [2008] NSWCCA 269 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): Wednesday 5 November 2008

JUDGMENT DATE: 19 November 2008

JUDGMENT OF: McClellan CJ at CL at 1; Hall J at 2; Harrison J at 125

(1) Leave to appeal be granted. (2) The appeal be upheld. (3) That the orders of the District Court made on 25 July 2008 be set aside. (4) That in lieu the following sentences in respect of the State offences and the Corporations Act offences be imposed:- (a) In respect of the offence contrary to s. 300(1) of the Crimes Act 1900 occurring on or about 4 September 2006, a fixed term of imprisonment of nine months to commence on 25 July 2008 and to expire on 24 April 2009. (b) In respect of the offence contrary to s.300(1) of the Crimes Act 1900 committed on or about 3 October 2006, a concurrent term of imprisonment of nine months to commence on 25 July 2008 and to expire on 24 April 2009. (c) In respect of the offences contrary to s.1041G of the Corporations Act 2001, being the group of offences in sequences numbers 1, 2, 4 and 6 in the Court Attendance Notice, sentences in the following terms:- (i) In respect of the offence in sequence number 1, a period of imprisonment of two years and six months to commence on 25 September 2008 and to expire on 24 March 2011. DECISION: (ii) A recognisance release order in respect of the last-mentioned sentence is made under s.19AC of the Crimes Act 1914 (Cth) to operate on 24 March 2010. The offender, Peter Braun, himself to give security without surety after he has served the above period of imprisonment in respect of that offence in the amount of $150. (iii) In respect of the offence in sequence number 2, a concurrent period of imprisonment of two years and six months to commence on 25 September 2008 and to expire on 24 March 2011. (iv) A recognisance release order in respect of the last-mentioned sentence is made under s.19AC of the Crimes Act 1914 (Cth) to operate on 24 March 2010. The offender, Peter Braun, himself to give security without surety after he has served the above period of imprisonment in respect of that offence in the amount of $150. (v) In respect of the offence in sequence number 4, a concurrent period of imprisonment of two years and six months to commence on 25 September 2008 and to expire on 24 March 2011. (vi) A recognisance release order in respect of the last-mentioned sentence is made under s.19AC of the Crimes Act 1914 (Cth) to operate from 24 March 2010. The offender, Peter Braun, himself to give security without surety after he has served the above period of imprisonment in respect of that offence in the amount of $150. (vii) In respect of the offence in sequence number 6, a concurrent period of imprisonment of two years and six months to commence on 25 September 2008 and to expire on 24 March 2011. (viii) A recognisance release order in respect of the last-mentioned sentence is made under s.19AC of the Crimes Act 1914 (Cth) to operate on 24 March 2010. The offender, Peter Braun, himself to give security without surety after he has served the above period of imprisonment in respect of that offence in the amount of $150. (ix) In respect of the offence in sequence number 3, a concurrent term of imprisonment of one year and six months commencing on 25 September 2008 and to expire on 24 March 2010. (x) In respect of the offence in sequence number 5, a concurrent term of imprisonment of one year and six months commencing on 25 September 2008 and to expire on 24 March 2010. The earliest date the applicant will become eligible for release is 24 March 2010.