Ryan v R [2011] NSWCCA 250

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ryan v R [2011] NSWCCA 250 Hearing dates: 18 October 2011 Decision date: 23 November 2011 Before: Bathurst CJ at [1] Simpson J at [2] Harrison J at [67] Decision: 1. Leave to appeal granted. 2. Appeal dismissed Catchwords: CRIMINAL LAW - application for leave to appeal against severity of sentence - multiple offences of dishonesty - additional offences on Form 1 - guilty plea - finding of special circumstances - ground 1 of appeal asserts failure adequately to consider duress motive and remorse - inconsistent evidence regarding motive - no error in approach to duress and remorse - ground 2 asserts individual sentences manifestly excessive - prior criminal history - individual and aggregate sentences within available range - leave to appeal granted - appeal dismissed Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Crimes (Appeal and Review) Act 2001 Cases Cited: R v Thomson; R v Houlton [2000] NSW CCA 309; 49 NSWLR 383 R v Henry [1999] NSWCCA 111; 46 NSWLR 346 Stratford v R [2007] NSWCCA 279 R v Carr [2002] NSWCCA 434; 135 A Crim R 171 R v Wong [2001] NSWCCA 444 R v Jackson [2001] NSWCCA 355 R v Houghton [200] NSWCCA 62 R v Brillo (unreported, NSWCCA 26 May 1997) R v Egerton (unreported, NSWCCA 8 August 1997) R v Giam (No 2) [1999] NSWCCA 378; 109 A Crim R 348 R v Scott [2005] NSWCCA 152 R v Martin [2005] NSWCCA 190 Category: Principal judgment Parties: Dean Devin Ryan (Applicant) Regina (Respondent) Representation: Counsel M Thangaraj SC (Applicant) M Cinque (Respondent) Solicitors Bannisters Lawyers (Applicant) Director of Public Prosecutions (Respondent) File Number(s): 09/10693 Decision under appeal Jurisdiction: 9101 Citation: N/A Date of Decision: 2010-02-12 00:00:00 Before: Ainslie-Wallace DCJ File Number(s): 09/10693