JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: COOMBE -v- THE QUEEN [2009] WASCA 105
CORAM: WHEELER JA
PULLIN JA
MILLER JA
HEARD: 8 JUNE 2009
DELIVERED : 8 JUNE 2009
PUBLISHED : 25 JUNE 2009
FILE NO/S: CACR 171 of 2008
BETWEEN: DIANNE JANE COOMBE
Appellant
AND
THE QUEEN
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram :DEANE DCJ
File No :IND 1517 of 2008
Catchwords:
Criminal law - Sentencing - Social security fraud - Commonwealth defrauded of more than $100,000 over 10 years - Appellant the mother of two small children - Children cared for by appellant's sister while appellant in prison - Whether sentence of immediate imprisonment was manifestly excessive
Legislation:
Crimes Act 1914 (Cth), s 16A(2), s 29
Criminal Code (Cth), s 135.1(5)
Result:
Leave to appeal granted
Appeal dismissed
Category: D
Representation:
Counsel:
Appellant: Mr S B Watters
Respondent: Mr D W L Renton & Ms L J Atkins
Solicitors:
Appellant: Thames Legal
Respondent: Director of Public Prosecutions (Cth)
Case(s) referred to in judgment(s):
R v Cameron (Unreported, SASC, 19 July 1993)
R v Mitchell (Unreported, WASCA, Library No 980618, 28 October 1998)
JUDGMENT OF THE COURT: The appellant appealed against her sentence and applied for leave to appeal. After hearing the appeal the court granted leave to appeal but dismissed the appeal with reasons to be published later. These are the reasons.
The appellant pleaded guilty on 31 October 2008 to two counts in an indictment which read:
(a)Between 22 February 1996 and 23 May 2001 at Perth … and elsewhere [the appellant] defrauded the Commonwealth in the amount of $16,595.29 by continuously and dishonestly failing to correctly inform the Department of Social Security and then, from 1 July 1997, the Commonwealth Service Delivery Agency (Centrelink) that she was residing overseas, contrary to s 29D of the Crimes Act 1914 (Cth).
(b)Between 1 July 2001 and 30 June 2006 at Perth … and elsewhere [the appellant] dishonestly caused a loss of $85,845.70 to another person, namely the Commonwealth Services Delivery Agency (Centrelink) which is a Commonwealth entity, knowing or believing that there was a substantial risk of the loss occurring contrary to subsection 135.1(5) of the Criminal Code (Cth).
The sentencing judge sentenced the appellant on count 1 to a term of 20 months' imprisonment and in relation to count 2, a term of 12 months' imprisonment to be served cumulatively upon count 1, making a total of 32 months' imprisonment. The sentencing judge also directed that the appellant should be eligible for release pursuant to a recognisance release order after she had served 12 months of that sentence. The sentence was ordered to commence on 31 October 2008.
The ground of appeal asserts the total sentence of immediate imprisonment imposed was manifestly excessive 'when viewed against comparable cases and in all the circumstances'. The circumstances identified were…
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- Coombe v The Queen [2009] WASCA 105
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- [2009] WASCA 105
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CaseChat Overview and Summary
The legal issues the court was required to decide included whether the sentence was manifestly excessive and whether exceptional circumstances existed to warrant a non-custodial sentence. The court had to consider the plea of guilty, the appellant's antecedents, the circumstances of the offending, and the impact on her children. The appellant argued that the sentence was excessive and that there were exceptional circumstances justifying a non-custodial sentence, particularly due to the effect on her children, who were cared for by her sister while she was in prison.
The court granted leave to appeal but dismissed the appeal. The court considered the totality of the circumstances, including the gravity of the offending, the appellant's culpability, and the impact of the sentence on the children. The court held that while the impact on the children was a significant factor, it did not outweigh the seriousness of the offending and the need for general deterrence. The court concluded that the sentence was not manifestly excessive and did not constitute a significant departure from the principles of sentencing in similar cases. The appeal was dismissed, and the original sentence was upheld.
The final orders were that the appellant's appeal against her sentence was dismissed, and the original sentence of 32 months' imprisonment with eligibility for release on recognisance after 12 months was upheld.
Orders
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