Clinton v R [2018] NSWCCA 66

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Clinton v R [2018] NSWCCA 66 Hearing dates: 23 March 2018 Date of orders: 13 April 2018 Decision date: 13 April 2018 Before: Hoeben CJ at CL at [1] Johnson J at [2] Schmidt J at [3] Decision: (1) The application for extension of time to appeal is granted.

(2) Leave to appeal granted.

(3) Appeal dismissed. Catchwords: CRIMINAL LAW – sentence appeal – extension of time to appeal sentence – fraud – dishonestly obtain financial advantage by deception – whether the offences were aggravated on the basis that each offence was committed for financial gain: s 21A(2)(m) Crimes (Sentencing Procedure) Act 1999 (NSW) – whether the offences were aggravated on the basis that each offence constituted a series of acts: s 21A(2)(m) Crimes (Sentencing Procedure) Act 1999 (NSW) – grounds of appeal established – whether lesser sentence was warranted in law – not warranted – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 178BA(1) (repealed), 192E(1)(b) Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(2) Criminal Appeal Act 1912 (NSW), ss 5(1)(c), 6(3) Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 Dimian v R [2016] NSWCCA 223 Hamze v R [2006] NSWCCA 36 Jah v R [2006] NSWCCA 250 Johnston v R [2017] NSWCCA 53 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Mansour v R (2011) 209 A Crim R 275; [2011] NSWCCA 28 Potts v R [2017] NSWCCA 10 Power v The Queen (1974) 131 CLR 623; [1974] HCA 26 R v Finnie [1999] NSWCCA 329 R v Finnie [2002] NSWCCA 533 R v Finnie (No 2) [2004] NSWCCA 150 Finnie v R [2007] NSWCCA 38 R v Jarrold [2010] NSWCCA 69 R v MAK (2006) 167 A Crim R 159; [2006] NSWCCA 381 Regina v Yildiz (2006) 160 A Crim R 218; [2006] NSWCCA 97 Regina v Tadrosse (2005) 65 NSWLR 740; [2005] NSWCCA 145 Category: Principal judgment Parties: Thomas James Clinton (Applicant) Regina (Crown) Representation: Counsel: P Lange (Applicant) T Smith (Crown)