Massey v R [2015] NSWDC 350

District Court New South Wales

Medium Neutral Citation: Massey v R [2015] NSWDC 350 Hearing dates: 18 August 2015 Decision date: 19 August 2015 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: Appeal allowed. Under s 20(2) of the Crimes (Appeal and Review) Act 2001 the sentences are set aside. Instead of the sentences imposed by the magistrate, under s 10 of the Crimes (Sentencing Procedure) Act 1999, without proceeding to conviction, the appellant is found guilty of the offences and is discharged on condition that she enter into a good behaviour bond for 12 months. Catchwords: CRIMINAL LAW – appeal against sentence – fraud offences – appellant partner in business – appellant's business partner refused to sign documents requiring director's guarantee – appellant forged partner's signature and sent documents – nature and circumstances of offending – whether remorse genuine – no prior criminality – character references from well-regarded people in the community – under personal stress at time of offending – extenuating circumstances – publication of judgment important in this case Legislation Cited: Crimes Act 1900 (NSW), ss 253(b)(ii), 254 Crimes (Appeal and Review) Act 2001 (NSW), s 20(2) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 9, 10 Category: Principal judgment Parties: Narelle Therese Massey (Appellant) Regina (Respondent) Representation: P Thompson,Kennedy & Cooke (Appellant) B Page, Office of the Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2015/144570 Decision under appeal Court or tribunal: Local Court Jurisdiction: Criminal Date of Decision: 23 June 2015 Before: Dick LCM File Number(s): 2015/144570