Pereira v R [2018] NSWCCA 171

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Pereira v R [2018] NSWCCA 171 Hearing dates: 25 July 2018 Date of orders: 06 August 2018 Decision date: 06 August 2018 Before: Hoeben CJ at CL at [1] Price J at [2] Davies J at [3] Decision: (1) Grant leave to appeal.

(2) Appeal dismissed. Catchwords: SENTENCING – appeal against sentence – obtain money by deception – agent corruptly receive benefit – applicant defrauded employer of $3.2m – whether the sentencing judge erred in finding that the impact of the applicant's offending on the employer was substantial - where employer was a large company making considerable profits over the course of the offending – identifying absent aggravating factors does not mitigate objective seriousness

SENTENCING – appeal against sentence – knowingly deal with proceeds of crime intending to conceal – multiple offences from four courses of conduct - whether sentencing judge erred in finding that the offence was aggravated by breach of trust – where dealing with funds part of the course of conduct involving a breach of trust

SENTENCING – appeal against sentence – whether necessary to determine who of co-offenders instigated the fraud – where both of the co-offenders were willing participants - whether aggregate sentence was manifestly excessive having regard to indicative sentences for each offence – nothing in indicative sentences indicating errors in approach – aggregate sentence imposed within range – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) ss 178BD, 192E, 193B, 249B Criminal Assets Recovery Act 1990 (NSW) s 28A Cases Cited: Bravo v R [2015] NSWCCA 30 Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41 GW v R [2018] NSWCCA 79 Hughes v R [2018] NSWCCA 2 Mills v R [2017] NSWCCA 87 PD v R [2012] NSWCCA 242 R v Brown [2012] NSWCCA 199 R v Crowe [2016] NSWCCA 39 Siganto v The Queen (1998) 194 CLR 656; [1998] HCA 74 Thorn v R [2009] NSWCCA 294 Category: Principal judgment Parties: Byran Pereira (Applicant) Crown (Respondent) Representation: Counsel: M Mantaj (Applicant) N Adams (Respondent)