Hudson v R [2016] NSWCCA 278

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hudson v R [2016] NSWCCA 278 Hearing dates: 21 November 2016 Date of orders: 02 December 2016 Decision date: 02 December 2016 Before: Hoeben CJ at CL at [1] R A Hulme J at [70] Schmidt J at [74] Decision: (1) Leave to appeal be granted. (2) The appeal be dismissed. Catchwords: CRIMINAL LAW – sentence appeal – two counts of dishonestly obtain a financial advantage and fourteen counts of make and use a false instrument – whether finding of some degree of planning was open on the evidence – whether delay adequately taken into account – whether finding of a significant level of overall criminality was open on the evidence – cheques drawn for large sums of money – significant harm caused to victims – delay properly taken into account – modest sentence in all the circumstances – appeal dismissed. Legislation Cited: Crimes Act 1900 – ss 178BA, 300(1), 300(2) Crimes (Sentencing Procedure) Act 1999 – s 21A Criminal Code – s 135.1(1) Cases Cited: Luong v R [2014] NSWCCA 129 Moore v R [2016] NSWCCA 185 R v Mills [2005] NSWCCA 175; 154 A Crim R 40 R v RMW [2016] NSWCCA 211 R v Todd (1982) 2 NSWLR 517 Category: Principal judgment Parties: Suzanne Hudson – Applicant Regina – Respondent Crown Representation: Counsel: Mr G Jones - Applicant Ms V Lydiard – Respondent Crown