KROL v Regina [2011] NSWCCA 175

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: KROL v Regina [2011] NSWCCA 175 Hearing dates: 11 April 2011 Decision date: 22 August 2011 Before: CAMPBELL JA [1] RS HULME J [2] HOEBEN J [108] Decision: (i) Grant leave to appeal; (ii) Allow the appeal; (iii) Quash the sentences imposed by Sorby DCJ on 11 February 2010; (iv) In respect of count 10, sentence the Applicant to imprisonment for a fixed term of 9 months commencing on 6 January 2009; (v) In respect of each of counts 11 and 12, sentence the Applicant to imprisonment for a fixed term of 9 months commencing on 6 September 2009; (vi) In respect of each of counts 9 and 13, sentence the Applicant to imprisonment for a fixed term of 10 months commencing on 6 June 2010; (vii) For failing to appear, the offence I have numbered 14, sentence the Applicant to imprisonment for a fixed term of 4 months commencing on 6 April 2011. (viii) In respect of each of counts 1, 4 and 6, sentence the Applicant to imprisonment for 4 months commencing on 6 August 2011; (ix) In respect of count 7, sentence the Applicant to imprisonment for 9 months commencing on 6 October 2011; (x) In respect of count 8, sentence the Applicant to imprisonment for 4 months commencing on 6 July 2012; (xi) In respect of count 2, sentence the Applicant to imprisonment for 12 months commencing on 6 November 2012; (xii) In respect of each of counts 3 and 5, sentence the Applicant to imprisonment for 12 months commencing on 6 May 2013; (xiii) Pursuant to s 20(1)(b) of the Crimes Act 1914 (C'th) direct that, upon entering into a recognisance to be of good behaviour for a period of 12 months and providing security in the sum of $1, the Applicant be released after serving imprisonment for the period from 6 August 2011 to 6 May 2013. Catchwords: Criminal Law - sentence - NSW and Commonwealth offences - fraudulent identity documents - totality Legislation Cited: Financial Transaction Reports Act 1988 (C'th) Australian Passports Act 2005 (C'th) Crimes Act 1914 (C'th) Criminal Code Act 1995 (C'th) Crimes (Currency) Act 1981 (C'th) Crimes Act (NSW) 1900 Bail Act 1978 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Judiciary Act 1903 (C'th) Cases Cited: R v Green and Quinn [2011] NSWCCA 71 at [21] - [25] Stevens v R [2009] NSWCCA 260; (2009) 262 ALR 91 at [1], [6] Attorney General's Application under s 37 Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) [2002] NSWCCA 518; (2002) 56 NSWLR 146 Hili and Jones v The Queen [2010] HCA 45 at [44]; (2010) 85 ALJR 195 Category: Principal judgment Parties: KROL, Reinier Hendrik Jan Regina Representation: Mr RC Pontello Mr L Crowley O'Brien Solicitors Solicitor for Public Prosecutions File Number(s): 2009/8470 Decision under appeal Date of Decision: 2010-02-11 00:00:00 Before: Sorby DCJ