R v David KERTEBANI; David KERTEBANI v R [2010] NSWCCA 221

New South Wales Court of Criminal Appeal

CITATION: R v David KERTEBANI; David KERTEBANI v R [2010] NSWCCA 221

HEARING DATE(S): 17 September 2010

JUDGMENT DATE: 26 October 2010

JUDGMENT OF: Simpson J at 1; Hoeben J at 2; Price J at 69

Respondent's application to adduce fresh evidence is refused. DECISION: Crown appeal against sentence is dismissed. Respondent's application for leave to appeal against sentence is granted but the appeal is dismissed.

CATCHWORDS: CRIMINAL LAW - offences contrary to the Commonwealth Criminal Code 1995 - obtaining a financial advantage by deception - sentence appeals by Crown and offender - application by offender to adduce fresh evidence - whether circumstances special and unusual - whether Crown appeal revealed latent error - in offender's application whether sentencing judge misunderstood objective seriousness of offence - whether sentencing judge erred in failing to have adequate regard to the effect on offender's family of his imprisonment.

Crimes Act 1914 (Commonwealth) LEGISLATION CITED: Crimes (Appeal and Review) Act 2001 (NSW) Criminal Code Act 1995

CATEGORY: Principal judgment

Director of Public Prosecutions (Commonwealth) v De La Rosa [2010] NSWCCA 194 House v The King (1936) HCA 40; (1936) 55 CLR 499 R v Ashton (2002) 137 A Crim R 73 R v Edwards (1996) 90 A Crim R 510 CASES CITED : R v Ehrenburg (NSW CCA, 14 December, 1990 unreported) R v Glyn Morgan Jones; R v Anthony Joseph Luis Hili [2010] NSWCCA 108 R v Herrera (unreported, 6 June 1997) R v Maslen and Shaw (1995) 79 A Crim R 199 at 209 R v Smith 44 SASR 587 at 588 R v Wirth (1976) 14 SASR 291