De Angelis v R [2015] NSWCCA 197

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: De Angelis v R [2015] NSWCCA 197 Hearing dates: 13 July 2015 Decision date: 24 July 2015 Before: Simpson JA at [1]; Button J at [70]; Fagan J at [71] Decision: (1) Extend the time for filing an application for leave to appeal against sentence to 17 April 2015;

(2) Grant leave to appeal against sentence;

(3) Dismiss the appeal. Catchwords: APPEAL - sentencing - fourteen counts of fraud as a company director, Crimes Act 1900 (NSW) s 176A - two counts of obtaining money by deception, Crimes Act 1900 (NSW) s 176BA - whether sufficient consideration of utilitarian value of guilty plea - where plea was made following a fitness for trial determination - at no point was applicant unfit to be tried or significantly impaired in his capacity to plead - plea not made at earliest opportunity

APPEAL - sentencing - manifest excess - whether applicant suffered from mental condition which warranted imposition of a lesser sentence - no evidence of a condition of sufficient severity - no causal connection between condition and offending - offending was of a deliberate and continuing nature - sentence not manifestly excessive - leave to appeal granted - appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), Pt 3 Div 3, s 21A(2), s 44(2), s 53A Crimes Act 1900 (NSW), s 176A, s 178BA Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1 Hatfield v R [2011] NSWCCA 286 House v The King [1936] HCA 40; 55 CLR 499 R v Borkowski [2009] NSWCCA 102; 195 A Crim R 1 R v Sharrouf [2009] NSWSC 1002 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 Category: Principal judgment Parties: Dimitri De Angelis (Applicant) Regina (Respondent) Representation: Counsel: D Carroll (Applicant) E Balodis (Respondent)