Richards v R [2019] NSWCCA 199

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Richards v R [2019] NSWCCA 199 Hearing dates: 3 July 2019 Date of orders: 03 July 2019 Decision date: 26 August 2019 Before: Basten JA at [1]; Button J at [2]; Lonergan J at [3] Decision: (1) Grant the applicant an extension of time to bring her application for leave to appeal.

(2) Refuse leave to appeal. Catchwords: CRIMINAL LAW – appeal – leave to appeal against sentence – extension of time granted – no merit –appeal refused Legislation Cited: Crimes Act 1900 (NSW), s 192E Crimes (Sentencing Procedure) Act 1999 (NSW), s 9 Category: Principal judgment Parties: Jane Richards (Applicant) Regina (Crown) Representation: Counsel: D Patch (Crown)

Solicitors: Self-represented (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2016/256019, 2011/8399 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Citation: --- Date of Decision: 1 November 2017 Before: Acting Judge Charteris SC File Number(s): 2016/256019, 2011/8399

Judgment 1. BASTEN JA: I agree with Lonergan J. 2. BUTTON J: I agree with Lonergan J. 3. LONERGAN J: This application for leave to appeal against sentence has no merit, and at the end of the hearing on 3 July 2019, leave to appeal was unanimously refused by the Court, with reasons to follow. These are my reasons. In the circumstances, my dealing with the facts and the submissions and my analysis of those will be shorter than they would have been if the Court had been of the view that leave should be granted. 4. On 1 November 2017, Acting Judge Charteris SC at the Sydney District Court sentenced the applicant in respect of two charges of dishonestly obtain a financial advantage by deception pursuant to s 192E(1)(b) of the Crimes Act 1900 (NSW). Each offence carried a maximum penalty of 10 years imprisonment. 5. The first charge involved a sum of $457,704.26 taken, according to the Agreed Facts, between 1 January 2012 and 8 January 2016 and the second, $31,040, taken between 1 January 2014 and 8 January 2016. All of the offending occurred whilst the applicant was in the part-time employment of a Ms Gilbey, in Ms Gilbey's business known as Gosford Gymnastics. 6. The applicant entered an early guilty plea in the Gosford Local Court on 10 February 2017, recognised by his Honour in a reduction of her sentence by 25%. 7. His Honour sentenced the applicant to an aggregate non-parole period of 3 years and 6 months commencing 1 November 2017 and ending on 30 April 2021 with an additional term of 1 year and 9 months expiring on 31 January 2023. The total aggregate term was thus 5 years and 3 months, and the non-parole period was two thirds of this, reflecting his Honour's finding of special circumstances. 8. His Honour also sentenced the applicant in respect of an earlier offence of obtaining money by deception for which she had previously received a two-year good behaviour bond under s 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW) in February 2011. 9. In respect of that offending his Honour sentenced the applicant to a wholly concurrent fixed term of 6 months dating from 1 November 2017.