Chapple v R [2015] NSWDC 355

District Court New South Wales

Medium Neutral Citation: Chapple v R [2015] NSWDC 355 Decision date: 22 September 2015 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: Appeals allowed. Under s 20(2) of the Crimes (Appeal and Review) Act 2001 these appeals against sentence are determined by setting aside the sentences.

In respect of the four counts against s 178BA(1) of the Crimes Act, under s 8 of the Crimes (Sentencing Procedure) Act 1999 instead of a sentence of imprisonment, the appellant is directed to perform 35 hours of community service per offence.

In respect of the counts against s 192E of the Crimes Act, the appellant is resentenced as follows. In respect of the offence regarding the victims Doolin, a sentence of 16 months imprisonment is imposed. In respect of the offence regarding Hi-Tech Park Homes, a sentence of twelve months imprisonment is imposed. In respect of the offences involving William Goodrich and Richard Goodrich separately, in each case sentences of four months imprisonment is imposed. For each of those sentences of imprisonment, under s 12 of the Crimes (Sentencing Procedure) Act 1999 the execution of the whole of each sentence is suspended for the whole period and Mr Chapple is to be released from custody on condition that he enters into a good behaviour bond for the term of each sentence.

The compensation order is set aside. Catchwords: CRIMINAL LAW – appeals against sentence – particular offence – dishonestly obtaining a financial advantage by deception – insurance broker employed by company received salary and personally invoiced clients for work done over several years – failed to disclose clients were not obliged to pay him – no complaints regarding service provided – well regarded by members of the community – serious offences – sentence of imprisonment warranted – to be served by way of suspended sentence – community service order Legislation Cited: Crimes Act (1900) (NSW), ss 178BA(1), 192E Crimes (Appeal and Review) Act 2001 (NSW), s 20 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 8, 12 Category: Principal judgment Parties: Mark Chapple (Appellant) Regina (Respondent) Representation: Counsel: F D L Holles (Appellant)