R v Jafari [2017] NSWCCA 152

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Jafari [2017] NSWCCA 152 Hearing dates: 14 June 2017 Decision date: 29 June 2017 Before: Basten JA at [1]; Johnson J at [120]; Davies J at [121] Decision: (1) Allow the appeal against sentence by the Director of Public Prosecutions (Cth).

(2) Set aside the sentence imposed by the District Court on 30 January 2017.

(3) Resentence the respondent as follows:

(a) Impose a sentence of 3 years imprisonment for the contravention of s 131.1(1) of the Criminal Code commencing on 30 January 2017; (b) Direct that the offender be released on 29 July 2018 pursuant to a recognizance release order subject to the following conditions, namely that the offender, upon giving security without sureties in the sum of $500: (i) be of good behaviour; (ii) be subject to the supervision of a probation officer; (iii) obey all reasonable directions of the probation officer, including as to such counselling or treatment for his compulsive gambling as the officer may direct; and (iv) not travel interstate or overseas without the written permission of the probation officer,

and terminating on 29 January 2020. Catchwords: CRIME – sentence – appeal by Director against manifest inadequacy – theft of $220,000 from trust fund – offender a solicitor with joint control of fund – money disbursed at his direction – signature of co‑controller forged – money applied to repay personal debt – whether sentence of 2 years imprisonment manifestly inadequate – whether order that sentence be served by way of intensive correction order too lenient – whether a period of actual custody required