RAJAGOPAL Hariharan v R [2012] NSWCCA 148

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: RAJAGOPAL Hariharan v R [2012] NSWCCA 148 Hearing dates: 29 February 2012 Decision date: 10 July 2012 Before: McClellan CJ at CL at [1] Rothman J at [2] Davies J at [28] Decision: As per the orders made by the Court on 29 February 2012 and the amended order at [29] of these reasons Catchwords: CRIMINAL LAW - Sentence appeal - orders on appeal issued ex tempore - reasons issued - manifest excess - latent error Legislation Cited: Crimes Act 1900 Cases Cited: House v The King (1936) 55 CLR 499 Wong v R (2001) 207 CLR 584 Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520 Category: Principal judgment Parties: Hariharan Rajagopal (applicant) Regina (respondent) Representation: Counsel: Solicitors: RBS Law (applicant) Director of Public Prosecutions (respondent) File Number(s): 2009/265083 Decision under appeal Date of Decision: 2010-09-20 00:00:00 Before: Judge Frearson

Judgment 1MCCLELLAN CJ AT CL: I agree with Rothman J. 2ROTHMAN J: The applicant, Hariharan Rajagopal, seeks leave to appeal the sentence imposed upon him by the District Court on 20 September 2010 for four counts of using a false instrument with intent, contrary to s 300(2) of the Crimes Act 1900 and one count of recklessly dealing with the proceeds of crime, contrary s 193B(3) of the Crimes Act. The applicant also seeks an extension of time. 3The maximum sentence for each offence with which the applicant was charged is 10 years' imprisonment. Further, a Form 1, notifying eight further counts of using a false instrument with intent, was taken into account in dealing with the first count. 4The applicant was sentenced as follows: Counts 2, 3 and 4: Imprisonment for a fixed term of 20 months commencing 27 November 2009 and expiring 26 July 2011. Count 5: Imprisonment for a fixed term of two years commencing 27 November 2009 and expiring 26 November 2011. Count 1: Taking into account the matters on the Form 1, imprisonment for a non-parole period of two years and four months commencing 27 May 2010 and concluding 26 September 2012, with an additional term of 12 months, concluding 26 September 2013. 5The overall sentence imposed upon the applicant was a non-parole period (including fixed term imprisonment) of 2 years and 10 months, commencing 27 November 2009 and concluding 26 September 2012, with a remainder of term of a further 12 months concluding 26 September 2013. 6On 29 February 2012, at the conclusion of the hearing of the application for leave and appeal, the Court issued the following orders: "1.Extend the time to appeal. 2.Leave to appeal is granted and the appeal allowed. 3. Sentences imposed in the District Court are quashed. Applicant is resentenced: 4.In relation to counts 2 to 4 to a period of imprisonment for a fixed term of 10 months commencing 27 November 2009 and expiring 26 September 2010. 5.In relation to count 5 period of imprisonment for a fixed term of 18 months commencing 27 November 2009 and expiring 26 May 2011. 6.In relation to count 1 and taking into account the matters on the Form 1 the applicant is sentenced to a non-parole period of 2 years commencing on 1 March 2010 and expiring on 29 February 2012 with a total term of 2 years 9 months to expire on 31 December 2012. 7.Pursuant to s 50(1) of the Crimes (Sentencing Procedure) Act the court directs that the applicant be released to parole on 1 March 2012." These are my reasons for joining in those orders.