Yeonata v R [2012] NSWCCA 211

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Yeonata v R [2012] NSWCCA 211 Hearing dates: 20 September 2012 Decision date: 11 December 2012 Before: Macfarlan JA at [1] Johnson J at [2] Davies J at [3] Decision: (1) Grant leave to appeal. (2) Appeal allowed. (3) Quash the sentences imposed by Judge Finnane on 11 March 2011. (4) In lieu, sentence the Appellant as follows, taking into account relevant Form 1 offences and s 16BA offences on applicable counts: (a) For sequences 67 - 69, 74, 78, 82, 98, 112 and 131 - a non parole period of 1 year commencing 3 March 2010 and expiring 2 March 2011 with an additional term of 4 months expiring 2 July 2011; (b) For sequences 71, 76, 77, 80, 81, 101, 107, 132 and 135 - a non parole period of 1 year and 6 months commencing 3 December 2010 and expiring 2 June 2012 with an additional term of 6 months expiring 2 December 2012; (c) For sequences 38, 64, 66, 70, 72, 73, 75, 100, 108, 118, 119 134 and 136 - a non-parole period of 2 years commencing 3 December 2011 and expiring 2 December 2013 with an additional term of 8 months expiring 2 August 2014; (d) For sequences 65, 79, 99, 102 and 133 - a non-parole period of 2 years and 3 months commencing 3 December 2012 and expiring 2 March 2015 with an additional term of 1 year and 8 months expiring 2 November 2016. (e) For sequence 7 - a fixed term of 9 months imprisonment commencing 3 March 2010 and expiring 2 December 2010; (f) For sequence 34 - a fixed term of 9 months imprisonment commencing 3 June 2010 and expiring 2 March 2011; (g) For sequence 126 - a fixed term of 9 months imprisonment commencing 3 September 2010 and expiring 2 June 2011. (5) In respect of sequences 65, 79, 99, 102 and 133 direct that the Appellant be released to parole on 2 March 2015. Catchwords: CRIMINAL LAW - sentence - 37 counts of dealing with the proceeds of crime -other offences involving identity theft - multiple Form 1 offences - whether overall sentence manifestly excessive - foreign national - relevance of deportation at conclusion of non-parole period - sentencing for multiple offences - approach to sentencing for identity theft offences Legislation Cited: Crimes Act 1900 Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 Financial Transaction Reports Act 1988 Cases Cited: Clarke v R [2009] NSWCCA 49 Collier v R [2012] NSWCCA 213 Pearce v The Queen (1998) 194 CLR 610 R v AB (No 2) [2011] NSWCCA 256 R v Fraser [2000] NSWCCA 97 R v Guo [2010] NSWCCA 170 R v GWM [2012] NSWCCA 240 R v MAK [2006] NSWCCA 381; (2006) 167 A Crim R 159 R v Swadling [2004] NSWCCA 421 R v Van Hong Pham [2005] NSWCCA 94 Stevens v R [2009] NSWCCA 260 Van Haltren v The Queen [2008] NSWCCA 274 Category: Principal judgment Parties: Jimmy Yeonata (Applicant) Crown Representation: Counsel: T Gartelmann (Applicant) J Girdham (Crown) Solicitors: Legal Aid of NSW (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2010/62415 Decision under appeal Date of Decision: 2011-03-11 00:00:00 Before: Finnane DCJ File Number(s): 2010/62415