Siwek v R [2017] NSWCCA 178

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Siwek v R [2017] NSWCCA 178 Hearing dates: 21 July 2017 Date of orders: 28 July 2017 Decision date: 28 July 2017 Before: Hoeben CJ at CL at [1] Adamson J at [2] Bellew J at [3] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW – Appeal – Sentence – Multiple counts of fraud committed by employee over a significant period of time – Whether the sentencing judge erred in failing to apply a discount to reflect the fact that a portion of the monies had been repaid – Whether sentencing judge erred in failing to apply a discount to reflect the applicant's gambling addiction – Whether sentence was manifestly excessive – Where the sentencing judge had taken into account all relevant mitigating factors – Where asserted errors were not made out – Sentence not manifestly excessive – Leave to appeal granted – Appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Assi v R [2006] NSWCCA 257 Flaherty v R; R v Flaherty (2016) 92 NSWLR 290; [2016] NSWCCA 188 Johnston v R [2017] NSWCCA 53 Markarian v R (2005) 228 CLR 357; [2005] HCA 25 R v Weismantel [2016] NSWCCA 204 R v Roth [2015] NSWDC, 18 December 2015 unreported RLS v R [2012] NSWCCA 236 Category: Principal judgment Parties: John Siwek – Applicant Regina - Respondent Representation: Counsel: Applicant – In person N Adams - Respondent