Raine v R [2020] NSWCCA 32

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Raine v R [2020] NSWCCA 32 Hearing dates: 14 August 2019 Date of orders: 14 August 2019 Decision date: 06 March 2020 Before: Brereton JA at [1] Johnson J at [8] Lonergan J at [9] Decision: Leave to appeal is refused Catchwords: CRIMINAL LAW – leave to appeal against sentence – whether sentencing judge incorrectly assessed the role of the applicant – whether sentencing judge failed to have regard to the principle of parity – parity – whether sentencing judge erred in determining objective criminality without taking into account indicia – whether sentencing judge erred by mischaracterising level of responsibility of the applicant's position as an employee – dishonestly obtain financial advantage by deception – defrauding of employer – role of co-offender in commission of the offence

CRIMINAL PROCEDURE – appeals to the Court of Criminal Appeal – leave to appeal Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Angre v Chief of Navy (No 3) [2017] ADFDAT 2 Bailey v Director of Public Prosecutions (NSW) (1988) 78 ALR 116; (1988) 34 A Crim R 154; [1988] HCA 19 Coulter v The Queen (1988) 164 CLR 350; [1998] HCA 3 Johnston v R [2017] NSWCCA 53 R v Goundar (2001) 127 A Crim R 331; [2001] NSWCCA 198 Zreika v R (2012) 223 A Crim R 460; [2012] NSWCCA 44 Category: Principal judgment Parties: Trevor Raine (Applicant) Regina (Crown) Representation: Counsel: P Segal (Applicant) D Patch (Crown)