David Morse (Office of State Revenue) v Chan and Anor [2010] NSWSC 1290

New South Wales Supreme Court

CITATION : David Morse (Office of State Revenue) v Chan and Anor [2010] NSWSC 1290 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 15 October 2010

JUDGMENT DATE : 26 November 2010

JUDGMENT OF : Schmidt J

DECISION : Appeal dismissed.

CATCHWORDS : APPEAL AND NEW TRIAL - appeal - appeal on inadequacy of sentences imposed - sections 23 and 56 of the Crimes (Appeal and Review Act) 2001 - whether appeal raises a question of law alone - application of principle of totality - no question of law alone raised on this ground - application of s 21A(2)(n) of the Crimes (Sentencing Procedure) Act 1999 - no question of law alone raised on this ground - appeal as to manifest inadequacy of sentence may raise a question of law alone - whether error made in the interpretation of the Crimes (Sentencing Procedure) Act 1999 - construction of and interaction between s 10 and s 21A(3)(j) of the Crimes (Sentencing Procedure) Act 1999 - no error of law established - operation of s 21A(3)(i) - no error of law established - other arguments raised mixed questions of law and fact not available to be appealed under s 56 of the Crimes (Appeal and Review) Act 2001 - no manifest inadequacy of sentence shown - appeal dismissed

Consumer, Trader And Tenancy Tribunal Act 2001 Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED : Local Court Act 2007 Mental Health Act 2007 Mental Health (Forensic Provisions) Act 1990 Road Transport (General) Act 2005 Tax Administration Act 1996