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RIVKIN, Rene Walter - CCA, 5.2.2004 - 59 NSWLR 284 (reported in part)Mason P, Wood CJ at CL, Sully JCitation: R v Rivkin  NSWCCA 7Conviction and sentence appeal. Appellant was found guilty of contravening s.1002G(2) Corporations Act 2001.
Appeal allowed on counts 6, 7 & 8: resentenced to total of 8y with NPP of 5*y. They had been divorced in the same month as the date upon which the offences occurred. There was evidence of complainant's unhappy relationship with the appellant, including prior incidents of appellant being violent towards her.The victims of all offences were aged 14 or 15 at the time.Each of the victims was injured, although not seriously.The respondent was in a relationship with the victim's mother for 10 years & stayed at her home on a regular basis.During that time, he assumed the role of step-father to the victim.At the sentence hearing, the judge sought confirmation from appellant as to the his understanding of the effect of pleading guilty & appellant said he understood completely.
There was no suggestion that the pleas were other than voluntary.
Aged just under 20 at time of offences - guilty pleas - born in Australia of Vietnamese parents - strict upbringing by father which included infliction of violence - heroin dependency - contrition - assistance to authorities - special circumstances - totality. FITZGERALD, Brett James - CCA, 6.2.2004 - 59 NSWLR 493; 144 ACrim R 316Sully & Barr JJ, Newman AJCitation: R v Fitzgerald  NSWCCA 5Crown appeal.1 x indecent assault; 6 x sexual intercourse (all offences committed upon a child).6y 9m with NPP of 3*y.
Whether sentences manifestly excessive - whether insufficient weight given to subjective features. All offences were perpetrated upon the same victim.
The payments made to appellant were pocketed by him & the cheques made payable to Customs were fraudulently endorsed to an account in appellant's brother's name.
The first 4 counts on the indictment represented a total of 93 such fraudulent acts.
Counsel for appellant then informed the trial judge that he had instructions to enter pleas.