GAFFNEY, Brendan Eamon v R [2009] NSWCCA 160

New South Wales Court of Criminal Appeal

CITATION: GAFFNEY, Brendan Eamon v R [2009] NSWCCA 160

HEARING DATE(S): 7 November 2009

JUDGMENT DATE: 10 June 2009

JUDGMENT OF: McClellan CJatCL at 1; Hall J at 2; Harrison J at 3

1. Grant leave to appeal and allow the appeal. 2. Quash the sentences imposed upon the applicant by his Honour Woods DCJ on 31 August 2007. 3. In lieu thereof the applicant is sentenced to the following terms of imprisonment: DECISION: (a) On Count 1: To imprisonment for 3 years and 9 months with a non-parole period of 3 years from 31 August 2007 to 30 August 2010 and a balance of term of 9 months from 31 August 2010 to 30 May 2011. (b) On Count 8: To imprisonment for 3 years and 6 months with a non-parole period of 3 years from 31 August 2008 to 30 August 2011 and a balance of term of 6 months from 31 August 2011 to 28 February 2012. The sentence for this offence takes into account the eight additional offences on the Form 1. (c) On Counts 2, 3, 4, 5 and 6: To imprisonment for 3 years with a non-parole period of 2 years from 31 August 2010 to 30 August 2012 and a balance of term of 1 year from 31 August 2012 to 30 August 2013. (d) On Count 7: To imprisonment for 1 year and 6 months with a non-parole period of 1 year from 28 February 2011 to 27 February 2012 and a balance of term of 6 months from 28 February 2012 to 30 August 2012. Accordingly, the first date upon which the applicant will be eligible for parole is 30 August 2012.

CATCHWORDS: CRIMINAL LAW – sentencing– appeal against severity of sentence – eight counts of obtain financial advantage by deception – bank officer in a position of trust involving sums in excess of $3.7M – total non-parole period of 5 years for all counts plus "global" balance of term of 3 years imposed – no facility for doing so – sentences not in accordance with principles in Pearce v R - whether manifestly excessive – applicant re-sentenced to 6 years with a non-parole period of 5 years.