Genoli v R [2015] NSWDC 238

District Court New South Wales

Medium Neutral Citation: Genoli v R [2015] NSWDC 238 Hearing dates: 9 June 2015 Decision date: 09 June 2015 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: 1) Appeal allowed and sentence imposed by the Magistrate set aside. 2) Offender to enter into a conditional good behaviour bond for 12 months under s 9 of the Crimes (Sentencing Procedure) Act 1999. 3) Leave granted to withdraw appeals against sentences already expired. Catchwords: CRIMINAL LAW – appeals against sentence – particular offences – making and uttering counterfeit money – appeals allowed and sentences varied – time served taken into account – first time in custody – prior criminality – record not extensive – no prior offences of dishonesty – employment available on release from custody – offender would benefit from supervision in the community to address problems with addiction Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 20 Crimes (Currency) Act 1981 (Cth) Crimes (Sentencing Procedure) Act 1999, s 9 Category: Principal judgment Parties: Kaben Jade Genoli (Appellant) Regina (Respondent) Representation: Solicitors: B Drinkwater, Barraclough Jones & Associates (Appellant)

A Baker, Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2015/0044887 Decision under appeal Court or tribunal: Local Court Jurisdiction: Criminal Date of Decision: 14 April 2015 Before: McCosker LCM File Number(s): 2015/00044887