Coles v R [2016] NSWCCA 32

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Coles v R [2016] NSWCCA 32 Hearing dates: 17 February 2016 Decision date: 07 March 2016 Before: Hoeben CJ at CL at [1] Adams J at [2] Fullerton J at [3] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: Criminal law – appeal against sentence - larceny as bailee, obtain money by deception, fraudulently omit to account – consideration of delay in the sentencing exercise – whether sentencing judge erred in failing to account for delay between investigation and charging of offence Legislation Cited: Crimes Act 1900 (NSW), ss 117, 125,178A and 178BA Crimes (Sentencing Procedure) Act 1999 (NSW), s 44(2) Cases Cited: Blanco v R [1999] NSWCCA 121; 106 A Crim R 303 McKittrick v R [2014] NSWCCA 128 Mill v R [1988] HCA 70; 166 CLR 59 Pickard v R [2011] SASCFC 134 Sabra v R [2015] NSWCCA 38 Todd v R [1982] 2 NSWLR 517 Category: Principal judgment Parties: Ronald Coles (Applicant) The Crown (Respondent) Representation: Counsel: S Pararajasingham (Applicant) S Dowling SC (Crown)

Solicitors: S Goold (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2012/15754 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Date of Decision: 2 May 2014 Before: Townsden DCJ File Number(s): 2012/15754