Damon JOB v R [2011] NSWCCA 267

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Damon JOB v R [2011] NSWCCA 267 Hearing dates: 15 June 2011 Decision date: 16 December 2011 Jurisdiction: Common Law - Criminal Before: McClellan CJ at CL at [1]; Hidden J at [2], Grove AJ at [75] Decision: Leave to appeal granted, appeal allowed, sentences in District Court quashed. Applicant re-sentenced as follows: On each of the charges of obtaining a benefit by deception relating to the Mays Hill tidal flow activities, a fixed term of imprisonment for 12 months, dating from 19 August 2010 and expiring on 18 August 2011; On each of the charges of obtaining a benefit by deception relating to the Rail Corp shutdowns, imprisonment for a fixed term of 12 months, commencing on 19 February 2011 and expiring on 18 February 2012; On each of the charges of corruptly receiving a benefit, imprisonment for a non-parole period of 1 year, commencing on 19 August 2011 and expiring on 18 August 2012, and a balance of term of 2 years, commencing on 19 August 2012 and expiring on 18 August 2014. Direct that applicant be released on parole on 18 August 2012. Catchwords: CRIMINAL LAW - application for leave to appeal against sentence - offences of obtaining benefit by deception, corruptly receiving a benefit - adequacy of discount for pleas of guilty and assistance to authorities - whether sufficient weight given to mental illness - failure to take into account applicant's undertaking to make restitution Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Borkowski [2009] NSWCCA 102, A Crim R 1 R v Gallagher (1991) 23 NSWLR 220 R v M [2005] NSWCCA 224 R v Pang (1998) 105 A Crim R 474 R v NP [2003] NSWCCA 195 R v OPA [2004] NSWCCA 464 R v AMT [2005] NSWCCA 151 R v Sukkar [2006] NSWCCA 92, 172 A Crim R 151 R v Phelan (1993) 66 A Crim R 446 R v Conway [2001] NSWCCA 51, 121 A Crim R177 Stratford v R [2007] NSWCCA 279 Thewlis v R [2008] NSWCCA 176, 186 A Crim R 279 R v Cage [2006] NSWCCA 304 DPP (Cth) v De La Rosa [2010] NSWCCA 194, 205 A Crim R 1 R v Fell [2004] NSWCCA 235 R v Blundell [2008] NSWCCA 63, 70 NSWLR 660 R v Hawker [2001] NSWCCA 148 R v Martin [2005] NSWCCA 190 Category: Principal judgment Parties: Damon Job (applicant) Regina (Crown/respondent) Representation: Counsel C Nash (applicant) V Lydiard (Crown/respondent) Solicitors Reimer Winter Williamson Lawyers (applicant) S Kavanagh - Solicitor for Public Prosecutions (Crown/respondent) File Number(s): 2009/187991 Decision under appeal Date of Decision: 2010-09-03 00:00:00 Before: Berman SC DCJ File Number(s): 2009/187991