RM v R [2015] NSWDC 377

District Court New South Wales

Medium Neutral Citation: RM v R [2015] NSWDC 377 Hearing dates: 18 November 2015 Date of orders: 18 November 2015 Decision date: 18 November 2015 Jurisdiction: Criminal Before: Neilson DCJ Decision: Sentences passed by the Chief Magistrate on 13 July 2015 in respect to sequence number 1 to 5 and 7 to 9 set aside

Sentenced to a good behaviour bond for a period of 4 years

Compensation orders made by the Chief Magistrate confirmed

Appeal against the sentences in respect of sequences 6 and 10 dismissed Catchwords: CRIMINAL LAW – Severity appeal – 10 counts of dishonestly gain financial advantage by deception –Total amount gained in respect of all 10 offences was $20,150 – Offending precipitated by severe personal upset including partner's HIV positive diagnosis, the death of a cousin caused by pancreatic cancer and the suicide of a close friend within the same month – Diagnosed as suffering chronic Adjustment Disorder with Mixed Anxiety and Depressed Mood at time of offending, resolved at time of sentence and appeal – Section 32, Mental Health (Forensic Procedures) Act 1990 not exercised – Appellant turned his life around with new employment and by performing charity work – Voluntary increase in compensation payments – Community Corrections advised Court of lack of appropriate community service work - Strong remorse and low risk of recidivism Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1990 Mental Health (Forensic Procedures) Act 1990 Cases Cited: Confos v DPP [2004] NSWSC115 9 Category: Principal judgment Parties: RM (Appellant) Crown (Respondent) Representation: RM (In person) (Appellant) Solicitor for the Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2015/43664 Publication restriction: Appellant's name anonymised. Decision under appeal Court or tribunal: Downing Centre Local Court Jurisdiction: Crime Date of Decision: 13 July 2015 Before: Henson CM File Number(s): 2015/43664