NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Pfeiffer v R [2009] NSWCCA 145
HEARING DATE(S): 2 April 2009
JUDGMENT DATE: 15 May 2009
JUDGMENT OF: McClellan CJatCL at 1; Simpson J at 28; Buddin J at 29
DECISION: 1. Leave to appeal is granted and the appeal upheld. 2. The sentence imposed in the District Court is quashed and in lieu thereof and having regard to the matter on the Form 1, the applicant is sentenced to imprisonment for a period of 2 years commencing 20 June 2008 and expiring 19 June 2010. Pursuant to s 20(1)(b) of the Crimes Act 1914 the applicant is ordered to be released on 19 June 2009 upon the provision of security to the amount of $1,000 to be of good behaviour for three years.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - supplying goods and services without disclosing undischarged bankruptcy - applicant in very poor health - whether sentencing judge failed to take into account relevant subjective circumstances - whether sentencing judge erred in respect of applicant's previous good character - appeal dismissed
LEGISLATION CITED: Bankruptcy Act 1966 (Cth) Crimes Act 1914
CATEGORY: Principal judgment
Paragalli v R [2006] NSWCCA 87 R v Halls & Halls [2002] NSWCCA 55; (2002) 127 A Crim R 209 CASES CITED : R v Miranda [2002] NSWCCA 89; (2002) 128 A Crim R 362 Ryan v The Queen (2001) 206 CLR 267 Storen v The Queen (1993) 115 FLR 210
PARTIES: John Clarence Pfeiffer (Applicant) The Crown
FILE NUMBER(S): CCA 2006/10194
COUNSEL: P Hamill SC (Applicant) L K Crowley (Crown)
SOLICITORS: Legal Aid Commission of NSW (Applicant) Commonwealth Director of Public Prosecutions (Crown)
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