Frahm v Regina [2014] NSWCCA 10

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Frahm v Regina [2014] NSWCCA 10 Hearing dates: 13/02/2014 Decision date: 20 February 2014 Before: Hoeben CJ at CL at [1] Schmidt J at [34] Barr AJ at [35] Decision: Leave to appeal against sentence granted. Appeal dismissed. Catchwords: CRIMINAL LAW - sentence appeal - knowingly deal with the proceeds of crime - offender witnessed robbery and saw where proceeds were dumped - proceeds ($16,000) taken and spent by offender - whether sentence manifestly excessive - insufficient statistics to establish a sentencing trend - wide variation of factual circumstances in which such offences committed - inappropriateness of considering individual cases - necessary to approach matter by reference to established principle - ground of appeal not made out. Legislation Cited: Crimes Act, 1900 - s117, s193B(2) Crimes (Sentencing Procedure) Act 1999 - s10A Cases Cited: Ali v R [2008] NSWCCA 60 Dela Cruz v R [2010] NSWCCA 333 Markarian v The Queen [2005] HCA 25; 228 CLR 357 Ryan v R [2011] NSWCCA 250 Sills v R [2011] NSWCCA 271 Veen v R (No 2) [1988] HCA 14; 164 CLR 465 Youkhana v R [2013] NSWCCA 85 Yow v R [2010] NSWCCA 251 Category: Principal judgment Parties: Mark Robert Frahm - Applicant Regina - Respondent Crown Representation: Counsel: Mr C Smith - Applicant Ms S Herbert - Respondent Crown Solicitors: Aboriginal Legal Service (NSW/ACT) Limited - Applicant S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2012/223912 Decision under appeal Date of Decision: 2013-02-06 00:00:00 Before: Maiden DCJ File Number(s): 2012/223912