JOD v REGINA [2009] NSWCCA 205

New South Wales Court of Criminal Appeal

CITATION: JOD v REGINA [2009] NSWCCA 205

HEARING DATE(S): Wednesday 15 April 2009

JUDGMENT DATE: 25 August 2009

JUDGMENT OF: Giles JA at 1; Hall J at 2; RA Hulme J at 87

DECISION: Leave to appeal granted. The appeal is dismissed.

CATCHWORDS: CRIMINAL LAW – appeal against sentence – particular offences – applicant was involved in an organised crime syndicate which took over the identities of legitimate individuals and entities in order to defraud financial institutions – applicant attended financial institutions and presented false documents in order to open bank accounts in false names, to withdraw money from genuine bank accounts or to make fraudulent claims in relation to credit cards or loans - application of parity principles – offenders charged with different offences not strictly co-offenders having regard to the relevant factual and other differences in the respective offending – applicant's objective criminality of a higher order than that of his "co-offender having regard to the applicant's role in the syndicate and repeated offending over a lengthy period - no disproportion between the head sentences imposed upon the applicant and "co-offenders" – appeal dismissed

Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Code Act 1995 Financial Transaction Reports Act 1988 (Cth)

Gao v Regina [2008] NSWCCA 234 Kardoulias v Regina [2005] 159 A Crim R 252 Lowe v The Queen (1987) 154 CLR 606 Mitchell v Regina [2008] NSWCCA 192 Pham v Regina [2009] NSWCCA 25 Postiglione v The Queen (1997) 189 CLR 295 CASES CITED : Regina v Ellis (1993) 68 A Crim R 449 Regina v Formosa [2005] NSWCCA 363 Regina v Ilbay [2000] NSWCCA 251 Regina v Kerr [2003] NSWCCA 234 Spinks v Regina [2007] NSWCCA 52 Watson (NSWCCA, 25 February 1992, unreported) Wurramarbra v Regina (1979) 28 ALR 176; Regina v Yin v Regina [2007] NSWCCA 350