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District Court 9 June 2015

Genoli v R

[2015] NSWDC 238

Fraud & dishonesty
CRIMINAL LAW APPEALS AGAINST SENTENCE PARTICULAR OFFENCES MAKING AND UTTERING COUNTERFEIT MONEY APPEALS ALLOWED AND SENTENCES VARIED TIME SERVED TAKEN INTO ACCOUNT

Citation: Genoli v R [2015] NSWDC 238
Court: District Court of New South Wales
Date: 9 June 2015
Judge: Cogswell SC DCJ

Background

The appellant pleaded guilty in the Local Court to two federal offences: making counterfeit money and uttering (passing) counterfeit money, knowing it to be counterfeit. Both offences arose under the Crimes (Currency) Act 1981 (Cth), which carries maximum penalties of 14 years and 12 years imprisonment respectively.

The appellant had purchased a scanner and used printer paper and coloured ink to produce more than $2,000 worth of counterfeit $50 notes. During January 2015 he attended fast food outlets in the Taree and Newcastle area, passing the notes in exchange for goods and receiving genuine money as change. After police were alerted, he turned himself in on 12 February 2015 and pleaded guilty on 16 March 2015.

A Magistrate sentenced him to four months' imprisonment, backdated to 15 March 2015. By the time of the appeal hearing, the appellant had served approximately three months of that sentence. He appealed on the ground that the sentence was excessive.

  • Whether the four-month custodial sentence was excessive given the appellant's personal circumstances, criminal history, and the time already served.
  • Whether the time served in custody was sufficient punishment, and whether a good behaviour bond under s 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW) should be substituted.

Decision

Cogswell SC DCJ found there was considerable force in the appellant's submissions. The appellant's criminal record was not extensive, had not commenced until he was 25, and contained no prior offences of dishonesty. This was his first period of custody, and a pre-sentence report indicated that the experience had motivated him to avoid future offending.

The court noted that the appellant's offending was linked to financial strain caused by methamphetamine addiction and gambling. A Community Corrections officer assessed his risk of reoffending as medium but considered that a period of supervised community release would benefit him. Employment was also available on his release.

His Honour concluded that the approximately three months already served was sufficient punishment for the serious offences committed. The appeal was allowed and a 12-month good behaviour bond substituted for the remaining custodial term, with conditions requiring community supervision focused on drug use, gambling, domestic violence, and financial management.

Orders Made

  • Appeal against sentence allowed under s 20(2) of the Crimes (Appeal and Review) Act 2001 (NSW).
  • Original sentence set aside.
  • In substitution, an order under s 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW) directing the appellant to enter into a 12-month good behaviour bond on the following conditions:
  • To be of good behaviour.
  • To notify the Registrar of his address and any change of address.
  • To attend court if called upon to do so.
  • To accept supervision from Community Corrections and comply with all reasonable recommendations and directions relating to finance, domestic violence, alcohol and drug problems, and gambling.
  • Leave granted to the appellant to withdraw his appeals in relation to counts 3 and 4 listed on the severity appeal cover sheet.

Key Takeaways

  • The District Court confirmed that time already served in custody is a relevant factor when considering whether a custodial sentence remains appropriate on a severity appeal, and may be sufficient to discharge the punitive purpose of the sentence.
  • A first period of custody, combined with a criminal record that is not extensive and contains no prior dishonesty offences, can weigh significantly in favour of a non-custodial outcome on appeal.
  • Where a pre-sentence report identifies addiction as a driver of offending and recommends community supervision, a good behaviour bond with tailored conditions may be the appropriate sentencing outcome even for objectively serious federal offences.
  • Under s 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW), a good behaviour bond can be structured with specific supervisory conditions directed at the individual's identified rehabilitative needs, such as drug treatment, gambling, and financial counselling.
  • Even offences carrying maximum penalties in the range of 12 to 14 years imprisonment did not preclude a non-custodial outcome where personal circumstances, rehabilitation prospects, and time already served collectively justified the substitution.

Legislation and Cases Referenced

Legislation
- Crimes (Currency) Act 1981 (Cth)
- Crimes (Appeal and Review) Act 2001 (NSW), s 20(2)
- Crimes (Sentencing Procedure) Act 1999 (NSW), s 9

Cases
No cases were cited in the judgment.