Andrew Joseph THORN V R [2009] NSWCCA 294

Reported Decision: 198 A Crim R 135

New South Wales Court of Criminal Appeal

CITATION: Andrew Joseph THORN V R [2009] NSWCCA 294 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 17/11/2009

JUDGMENT DATE: 15 December 2009

JUDGMENT OF: Campbell JA at 1; Howie J at 2; Rothman J at 60

1. Application for leave to appeal is granted and the appeal is allowed. DECISION: 2. The sentences imposed in the District Court are quashed and in lieu the following sentences are imposed: (a) On the charge of attempt, imprisonment for 6 months to date from 27 March 2009. (b) On the first charge of obtaining, imprisonment for 6 months to date from 27 July 2009. (c) On the 2nd to 5th charges of obtaining, imprisonment for 9 months to date from 27 January 2010. (d) On the 6th to 8th charges of obtaining, imprisonment for 14 months to date from 27 March 2010. (e) On the 9th to 11th charges of obtaining, imprisonment for 18 months to date from 27 July 2010. (f) On the charge of money laundering, imprisonment for 2 years 8 months to date from 27 September 2010. There is to be an overall non-parole period of 2 years 4 months from 27 March 2009 to expire on 26 July 2011.

CATCHWORDS: Criminal Law - Appeal against sentences - GST frauds - use of money laundering offence in relation to profits of the frauds - whether maximum penalty reliable - inappropriate use of s 4K Crimes Act (Cth) to impose single sentence for fraud offences - applicant re-sentenced.

Criminal Code (Cth) - ss 134.2(1), 400.4(1) LEGISLATION CITED: Crimes Act (Cth) - s 4K Judiciary Act 1903 (Cth) - s 68 Crimes Act 1958 (Vic)