Adams v R [2019] NSWCCA 295

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Adams v R [2019] NSWCCA 295 Hearing dates: 9 September 2019 Date of orders: 19 December 2019 Decision date: 19 December 2019 Before: Bathurst CJ at [1] Fullerton J at [2] Bellew J at [64] Decision: 1. Leave to appeal granted 2. Appeal dismissed Catchwords: CRIMINAL LAW – appeals – appeal against sentence – applicant convicted of one count of conspiracy to cheat and defraud the beneficiaries of an estate – applicant insinuated herself into the life of an ageing and dementia-afflicted woman – forged will – applicant sentenced to seven years' imprisonment with a non-parole period of five years – whether the sentencing judge erred in his assessment of objective seriousness – whether the sentencing judge misconstrued the applicant's role in the conspiracy – paucity of evidence as to how the applicant and her co-conspirators insinuated themselves into the deceased's life – sentencing judge described the applicant's conduct as wicked – open to the sentencing judge to describe the applicant's conduct in terms reflecting his strong reprobation of her conduct – no error shown – whether the sentence imposed was manifestly excessive – whether the sentencing judge should have taken into account the applicant's depressive disorder – where no such submission was advanced on sentence – comparable cases did not support a finding of manifest excess – appeal dismissed Legislation Cited: Crimes Act 1900 Cases Cited: Archer v R [2017] NSWCCA 151 House v The King (1936) 55 CLR 499; [1936] HCA 40 Page v R [2007] NSWCCA 175 R v Quinn [2018] NSWCCA 297 Thangavelautham v R [2016] NSWCCA 141 Vella v R; Siskos v R [2015] NSWCCA 148 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: Victoria Anne Adams (Applicant) The Crown (Respondent) Representation: Counsel: L Fernandez (Applicant) B Baker (Crown)