Robinson v R [2020] NSWCCA 41

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Robinson v R [2020] NSWCCA 41 Hearing dates: 4 March 2020 Decision date: 23 March 2020 Before: Macfarlan JA at [1] R A Hulme J at [2] Button J at [61] Decision: 1. Application for leave to appeal granted. 2. Appeal against sentence granted. 3. Sentence imposed in the District Court on 31 May 2018 is quashed and in lieu the applicant is sentenced to imprisonment with a non-parole period of 2 years and 10 months with a balance of term of the sentence of 1 year and 8 months. 4. The sentence is to date from 23 January 2018. The applicant will become eligible for release on parole upon the expiration of the non-parole period on 22 November 2020. 5. Confirm the order made in the District Court pursuant to s 97 of the Victims Rights and Support Act 2013 (NSW). Catchwords: CRIME – appeals – appeal against sentence – manifest excess – fraud found in upper end of mid-range objective seriousness – eight years of maximum ten is excessive starting point – no room left for offences above mid-range but below worst case – re-sentenced with six year starting point Legislation Cited: Crimes Act 1900 (NSW), s 192(e)(1)(b) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A(2)(j), 21A(2)(m), 44(2) Victims Rights and Support Act 2013 (NSW), s 97 Cases Cited: DL v The Queen [2018] HCA 32; 358 ALR 666 Johnston v R [2017] NSWCCA 53 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 R v McNaughton (2006) 66 NSWLR 566; [2006] NSWCCA 242 Category: Principal judgment Parties: Albert Robinson (Applicant) Regina (Respondent) Representation: Counsel: Ms M Avenell (Applicant) Mr A McGrath (Crown)