Payda v R [2013] NSWCCA 109

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Payda v R [2013] NSWCCA 109 Hearing dates: 26 April 2013 Decision date: 16 May 2013 Before: Hoeben CJ at CL at [1]; Latham J at [2]; Barr AJ at [3] Decision: 1. Grant leave to appeal 2. Dismiss the appeal Catchwords: CRIMINAL LAW - Sentence Appeal - whether allowances made for early guilty plea - whether sentences complied with statutory requirements as to commencement date - whether sentences manifestly excessive Legislation Cited: Crimes Act 1900 Criminal Code Act 1995 (Cth) Crimes (Sentencing Procedure) Act 1990 Crimes Act 1914 (Cth) Category: Principal judgment Parties: Yogesh Anant Payda (Applicant) Regina (Respondent) Representation: Counsel: J A Baly (Respondent) Solicitors: Self- Represented (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2010/64243 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-09-08 00:00:00 Before: Bennett SC, DCJ

Judgment 1Hoeben CJ at CL: I agree with Barr AJ. 2Latham J: I agree with Barr AJ. 3Barr AJ: Yogesh Anant Payda has applied for leave to appeal against sentences imposed by Judge Bennett, SC in the District Court.

The Facts 4The applicant was born on 6 April 1981 and named Yogesh Chandra Soni. In 1993 he changed his name to Yogesh Payda. In 1996 he changed it to Yogesh Anant Paida. He married Nerissa Nickl in 1996. Her father is Peter Nickl. In 2003 he applied to American Express for a credit card, using his wife's name. That was done without her knowledge. He also applied for and obtained a secondary card in his birth name. He ran up a bill exceeding $18,000 and his wife was obliged to enter into an agreement with American Express to discharge the debt. She agreed to do so rather than report the applicant's fraud to the police out of a desire to protect the two children of their marriage. She left the applicant in 2007 and it took her until 2010 to pay off the debt. 5On 8 June 2008 the applicant began serving sentences for a number of frauds he had committed. He was housed at Silverwater Correctional Centre and there met a fellow inmate, John Arthur Blaikie. Mr Blaikie had two bank accounts containing sums exceeding $100,000. The applicant was due to be released on parole and told Mr Blaikie that he had nowhere to live. Mr Blaikie agreed to let him live at his house in a Sydney suburb. He supplied details of the address as well as his mobile telephone number. The Probation and Parole Service refused to approve the applicant's residing at Mr Blaikie's premises and when he was released to parole on 10 March 2009 the applicant lived in other premises, approved by the Service. He changed the residential address registered on his driving licence to Mr Blaikie's address. He rented a Post Office box and provided the false driving licence as evidence of residence. He was obliged to stay in touch with the Probation and Parole Service and for that purpose supplied particulars, including Mr Blaikie's telephone number.