Director of Public Prosecutions v White

IN THE COUNTY COURT OF VICTORIA

Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION
CR-16-02295

COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS

ANDREW PETER WHITE
(aka BENJAMIN ANDREW CURRAN)

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JUDGE:	HER HONOUR JUDGE CANNON
WHERE HELD:	Melbourne
DATE OF HEARING:	24 April 2017
DATE OF SENTENCE:	1 May 2017
CASE MAY BE CITED AS:	DPP v White
MEDIUM NEUTRAL CITATION:	[2017] VCC 493

REASONS FOR SENTENCE
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Subject: CRIMINAL LAW

Catchwords: Sentence – Pleas of guilty – Dealing with property reasonably suspected to be proceeds of crime – Attempting to dishonestly obtain financial advantage by deception – Dishonestly obtaining a financial advantage by deception – Using false identification to obtain tickets for constitutional flights (summary offence) – Offending involved Medicare fraud - Relevant and similar criminal record – Offending conduct pre-planned, sophisticated and painstaking for personal gain – Advantages obtained or sought to be obtained at lower end of the financial scale
Legislation Cited: Commonwealth Crimes Act 1914; Health Insurance Act 1973 (Commonwealth)
Sentence:Convicted and sentenced to an aggregate term of 3 years’ imprisonment to be released after 2 years’ imprisonment on recognisance of $3,000 to be of good behaviour for 3 years – Pre-sentence detention of 298 days – s.6AAA Sentencing Act 1991 declaration – Ancillary order – Reparation to the Commonwealth I the amount of $2,199.70
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APPEARANCES:	Counsel	Solicitors
For the Commonwealth Director of Public Prosecutions	Mr J. Robins	Commonwealth Director of Public Prosecutions
For the Accused	Mr A. Buckland	Stary Law

HER HONOUR:
1Andrew Peter White, also known as Benjamin Andrew Curran, you have pleaded guilty to the following Commonwealth charges:
2Charge 1: Dealing with property reasonably suspected to be proceeds of crime.
3Charge 2: Attempting to dishonestly obtain a financial advantage by deception.
4Charge 3: Dishonestly obtaining a financial advantage by deception.
5Charge 1 has a maximum penalty of two years' imprisonment and Charges 2 and 3 have a maximum penalty of ten years’ imprisonment.
6You have also pleaded guilty to a summary offence which has been uplifted to this court, that of using false identification information to obtain tickets for constitutional flights. This offence has a maximum penalty of 12 months’ imprisonment.
7The maximum penalties reflect the seriousness with which the Commonwealth Parliament regards these offences and is a matter which I take into account in sentencing you.
8You were arrested at Melbourne Airport on 9 June 2016 for an unrelated breach of parole. Following your arrest, you were sent to Melbourne Assessment Prison, where you served the balance of your sentence pertaining to the parole which you had breached. This sentence expired on 4 July 2016.
9The initial charges in this matter were filed on 22 June 2016 by way of charge and warrant, which was executed on you on 24 June 2016. Subsequently, you entered pleas of guilty to appropriate charges. It was accepted by the Crown that you entered pleas at the earliest possible opportunity.
10You did not apply for bail at any stage and so as at the plea hearing, you had been incarcerated, as at that time, for 291 days.
11I will have a copy of the prosecution opening annexed to my sentencing remarks, as this contains all of the facts upon which I sentence you, but I will recount in brief form the basis for each of the charges in these, my sentencing remarks.
12The basis for Charge 1 on the indictment is that between 26 November 2015 and 31 May 2016, you dealt with the proceeds of 16 fraudulent Medicare claims which were received by various Medicare offices throughout Australia.
13The details of each of these transactions were set out in a table annexed to the summary of facts in this matter. In essence, claims were made in the names of Medicare patients for Medicare benefits in relation to services purportedly received by those patients by various medical practitioners. Each of the claims was supported with receipts or invoices which proved to be false, as the services were never provided to these patients. The fraud was discovered after all of the payments were made into various false bank accounts which were operated by you, being traced to your legal name, Benjamin Curran. You withdrew each of the sums paid to you by virtue of these false claims. A total of $19,201 was dealt with by you in this way.
14The basis for Charge 2 is that on 8 June 2016, you attempted to claim $845 in the name of a Medicare patient in respect of purported treatment from
a particular medical practitioner between 2 and 31 May 2016. The false claim was submitted to a Medicare branch at the Casino service centre, New South Wales. On this occasion, Medicare became aware that the claim was likely to be fraudulent and so rejected it. You had provided false supporting documentation in respect of appointments that had never happened. You had set up a bank account in a false name which you controlled but again, you used the identity of a real person in order to do this.
15The basis for Charge 3 is that on each of 2 June, 8 June and 10 June 2016, you submitted false claims in false names, using four different identities from three different States as the claimants and various medical practitioners who had never seen these people. A total of $2,199.70 was paid to you via bogus bank accounts. Annexure 3 sets out the full details of these false claims and moneys paid by Medicare.
16When you were arrested, you had accurate identifying details, including dates of birth, addresses and Medicare numbers in respect of two of these apparent claimants, which is most perturbing. I was told that you obtained the dates of birth and addresses online from curriculum vitaes.
17The conduct that gives rise to the summary charge is that on three different dates, using a false name, you made bookings for five different interstate flights with Virgin Airlines and on one further occasion, you booked a flight with Jetstar. These were paid for on a "Load and Go" Visa debit card. When you were arrested after disembarking the last of these flights, you were in possession of a boarding pass with the name, Daniel Byrne, as well as a Load and Go Visa card in that name. Details on your i-Phone had this name with an address in Brisbane, as well as card and pin details for a Load and Go card in that name.
A Masonic club card had been purchased with a Load and Go card in the name of Daniel Byrne. This was registered in the name, Andrew Curran, which was a combination of your first name and your birth certificate surname.
18Documentation found on you and enquiries made by police, revealed that you had been staying at a resort in Queensland between 10 February and 30 April 2016.
19Mr White, your offending is serious, albeit that the financial advantages obtained or which you sought to obtain or proceeds of crime dealt with were at the lower end of the scale, insofar as offences of this type are concerned.
20However, your conduct in relation to each of the charges on the indictment was pre-planned, sophisticated and painstaking. The same could be said in relation to the summary offence for that matter. You, in relation to the charges on the indictment, went to elaborate lengths to commit each of the offences and avoid detection. It involved you setting up false bank accounts and false Medicare claimants. I understand that you researched the internet, finding curriculum vitaes on it and using these people’s identities to create false bank accounts and bogus claims for Medicare. As I have previously said, this is most disturbing behaviour. It is to be hoped that more caution is taken by those using the internet to guard against their identities being used by the likes of you and it also to be hoped that Medicare puts in greater safeguards to protect the public purse against offending such as yours.
21In respect of Charge 1, you repeatedly engaged in transactions which gave rise to this charge. As the prosecution pointed out, you accessed and dealt with moneys suspected of being proceeds of crime on at least 16 occasions over about seven months. On 13 occasions, you used bank accounts that were in other people’s names and on 12 occasions, you siphoned the money through numerous other accounts before entering the final account, again in a false name, from which you withdrew the proceeds. These dealings were closely aligned with frauds on Medicare, however, I make it clear that I do not sentence you on the basis of anything other than the lesser charge to which you have pleaded guilty.
22Again, as the prosecution pointed out, in relation to Charges 2 and 3, you used the names of five other people, again without their knowledge and assumed their identities when making claims. You lodged five claims in four States, nominating three accounts, which you created in the names of other identities as a destination for these illegally obtained funds. You obtained the identities of five medical practitioners without their knowledge, researching their specialities in order to ensure that the invoices you submitted appeared to be authentic.
23I accept the prosecution’s submission that the nature and circumstances of your offending gives rise to a high level of criminality, even though the sums of money involved are relatively low. The money that you dealt with or obtained was purely for your personal benefit, as you were finding it hard to make ends meet. I understand that one of the expenses that you incurred was for private health insurance, which is somewhat ironic. However, your offending did not lead to an overly lavish lifestyle, although it does appear, that when your ability to cover expenses became strained, you reverted to what you knew, rather than hard honest work.
24Overall, your offending calls for appropriate punishment and denunciation. Strong weight must be given to general deterrence, which is a primary sentencing factor in this case. Contrary to your rationalisation for your criminal behaviour, fraudulently taking money from Medicare amounts to stealing from the public purse, that is, from taxpayers who contribute a significant sum from their wages for the common good. It is conduct such as yours which helps threaten the affordability of such a system.
25Alarmingly, you have numerous prior convictions or findings of guilt dating back to 1991. You have offended in a similar fashion to the offending before me on four prior occasions, being 1997, 2004, 2008 and 2011.
26In 2011, you were sentenced to four years and six months’ imprisonment, with a non-parole period of three years’ imprisonment for similar offending and ordered to pay reparation of $85,000.
27On 19 December 1997, you were convicted of 11 counts of forging a document and 42 counts, pursuant to s.128B of the Health Insurance Act 1973 (Cth). On appeal you were sentenced to two years and six months’ imprisonment and released on a recognizance release order upon expiration of two years.
28On 10 June 2004, you were convicted of 12 charges of dishonestly obtaining Commonwealth property and were sentenced to 18 months' imprisonment, to be released after serving 12 months’ imprisonment. You were also convicted of seven charges, pursuant to the s.128B Health Insurance Act 1973 and ultimately sentenced to 12 months’ imprisonment. You breached the recognizance which attached to this sentence and on 18 April 2002, you were ordered to be imprisoned for a further five months.
29On 12 March 2008, you were convicted of making a false statement in connection with a claim for health insurance. There were five charges in relation to this and four charges of opening a bank account in a false name. You was sentenced to a total effective term of three years, six months, with two years to serve.
30To place your offending in some context, you were released on parole on your own recognizance on 13 May 2015, with 26 days left to serve of a custodial sentence. On 21 August 2015, your parole was revoked due to non-compliance with parole supervision conditions and an arrest warrant was issued. You commenced engaging in transactions, which give rise to Charge 1 in November of that same year, no doubt aware that you had previously breached your parole by travelling interstate. Otherwise, your offending would have occurred during a period on parole. You have a history of not complying with parole.
31As at the plea hearing, you had spent 291 days in relation to the offending for which I now sentence you.
32Your criminal history and current offending give me grave concerns for your prospects of rehabilitation.
33I accept that on the occasions before me, the sums involved were not of the magnitude of previous instances. However, this was not through any action on your part to desist. You stopped when you were arrested and your offending became known. That being said, the sums of money involved are relevant to my assessment of your criminality on this occasion and the appropriate punishment. I also factor in that the maximum penalties and charges, in relation to your prior offending, were different to those that you currently face.
34I was told by Mr Buckland, who appeared on your behalf, that your prior offending occurred in the context of a gambling addiction, which you have since overcome. You resorted to re-offending on the occasions before me, in order to supplement income. While it is some comfort that you are no longer addicted to gambling, it is no comfort that you have behaved illegally once again.
35I was told that when you were released on parole on the last occasion, you were unable to find work in Melbourne, being hampered by the condition that you could not be engaged in any employment which involved the handling of money. In breach of your parole conditions, you went to Queensland and obtained work as a cook, which involved working 60 hour weeks. You were in a position to steal from the till, but your curious moral code constrained you from doing this. You did not see defrauding Medicare as being theft from the public till. Your work proved too difficult for you and eventually you gave away your work as a cook. In a bid to pay expenses, you then reverted to offending.
36In relation to the summary offence, you engaged in this conduct to avoid detection by police, as you were forbidden from travelling interstate or working near money whilst on parole. In these times of heightened security, it is
a concern that you are apparently able to travel on aeroplanes on a number of occasions using false identities.
37You indicated a willingness to plead guilty to an appropriately drafted indictment at an early stage and the matter ultimately resolved on the basis of that which you offered. In all the circumstances, I allow for a significant discount in the sentence that you would otherwise receive for your facilitation of justice, as you have saved the witnesses the time and trouble of giving evidence and you have saved the community the time and expense of contested proceedings, which would have involved considerable cost, time and effort.
38While I accept that you are prepared to take responsibility for your actions,
I am unable to find much in the way of heartfelt contrition. The fact of the matter is that you repeatedly engaged in offending of the nature that you have engaged in before. You told Mr Gault, psychologist, with refreshing honesty, that you did not know why you offended again, other than to say that you needed help to pay for expenses. You are of the view that, as you were able to lose interest in gambling in the past, you may well lose interest in committing criminal offences. You have limited insight into your offending, although you have some which will hopefully develop. In the end, I make very limited allowance for contrition.
39You have no impairment of mental function which impacts on your moral culpability. I take into account, in a general sense, the most impressive report of Mr Gault, psychologist, dated 21 April 2017, which was principally relied upon by you.
40You have a family that cares for you and you are connecting with them. They are there to support you, but it must be very hurtful for them to see you committing offences and serving gaol terms. I hope that you do behave yourself in the future. If not for your own sake, do it for theirs, Mr White. They deserve better and simply moving away from them at times when you offend, is not to the point. They obviously care for you and if you care for them, you will stop offending.
41I take into account your background:
42You are 45 years old and you were 43 at the time of the offending. You come from a stable and loving family.
43Sadly, your father passed away in 2014, but your mother, sister and brother live in Sydney, which is where you were born and you have another sister living in Queensland.
44You completed school to Year 12 level at an exclusive private school in
Sydney, attending there as a boarder. While you were not sexually abused at that school, you knew of others who were, which is a dreadful thing for you to be carrying all of these years.
45You attended university for a year, studying economics, but struggled with this and left. You then worked as a clerk with a bank in the foreign exchange division. In 1990 or 1991, you commenced gambling at "Jupiters Casino" and committed your first offence in July 1990, with your first conviction recorded in 1991.
46In 1992 you commenced work with a hotel group in sales and marketing, but you left after four or five years because of your gambling problems and debts.
47To your credit, in 1995, you completed an economics degree, having studied part-time whilst working.
48However, in August 1995, you served a two month period of imprisonment and things seriously unravelled from there. When able and willing to work in the succeeding years, you were only able to do so in casual positions, usually in the hospitality industry. Other than this, you were offending and serving gaol terms, as Mr Buckland’s helpful chronology sets out.
49Whilst in gaol at different times, you commenced Masters degrees in Business Administration and in Arts. Your focus in relation to the latter degree was Roman History. You received high distinctions for each of these degrees, which is most commendable. Obviously, you have a fine intellect and it is to be hoped that you are able to engage in positive pursuits in the future, using your abilities.
50You have had some romantic relationships in the past, the last ending when you were arrested for the offending for which I now sentence you.
51Mr White, although you have said that in the past, counsellors have not done you any good and it appears that periods on parole are not to your liking, it is important that you do not reject the help and guidance that there is in the community. It seems to me that you may be something of a law unto yourself and will give up offending when you are ready. However, there are ample resources available in the community to assist you to lead a productive life and you should not be too proud or independent to avail yourself of these. Do you understand that?
52In all of the relevant circumstances, I rate your prospects of rehabilitation as being fairly poor and I must place strong weight on specific deterrence, but

I sincerely hope that you can turn your life around. If you cannot, you will be spending ever increasing portions of it in gaol.
53Mr Buckland submitted that a term of imprisonment which involved
a recognizance release order was appropriate in your case. The prosecution submitted that this or a term of imprisonment with a non-parole period were within the range.
54I am of the view that it is appropriate in all of the circumstances and in view of the weight that I attach to relevant sentencing considerations, to sentence you to a term of imprisonment and impose a recognizance release order. I am imposing this in order to allow you to visit your family and benefit from their support and guidance. Do you understand that?
55Would you please stand up.
56In relation to the charges on the indictment and the summary charge you are convicted.
57I make a reparation order for $2,199.70 in the terms sought by the prosecution.
58You are sentenced to an aggregate term of imprisonment of three years, which will commence today. You are to be released after serving a period of two years imprisonment, upon entering into a recognizance in the sum of $3,000 and on a condition that you are of good behaviour for a period of three years.
59I declare that you have already served 298 days of this sentence.
60This sentence means that after serving two years’ imprisonment, you will be released and you will not be required to serve any further period of imprisonment, unless you commit further offences within a period of three years of your release. If you do commit further offences within this period, you will be liable to serve a further 12 months' imprisonment and to pay the sum of $3,000.
61I have imposed this sentence because of the seriousness of your offending and because of the weight that I attach to all relevant sentencing matters.
62You, or a party withstanding to these proceedings, are entitled to apply to the court to vary or to discharge the recognizance release order that I have imposed, pursuant to s.20AA Commonwealth Crimes Act 1914.
63If not for your pleas of guilty, I would have sentenced you to a total effective sentence of four years' imprisonment, with a non-parole period of three years’ imprisonment.
64Will you take a seat for a moment please, sir.
65Is there anything arising?
66MR BUCKLAND: No, Your Honour. The only issue would be that the Crown would seek that the reparation order be made separately to the recognizance, that is, it will be a separate order.
67HER HONOUR: I did make that separately.
68MR BUCKLAND: Yes, I - - -
69HER HONOUR: I didn't make it on a condition that he pay reparation.
70MR BUCKLAND: Thank you, Your Honour, I just wanted to check that.
71HER HONOUR: That was a separate order.
72MR BUCKLAND: Thank you, Your Honour. I have got a - I'm not sure, Your Honour, if I have a draft copy of the recognizance here for you to sign, filled out. I am not sure. There was a draft sent to your associate as well.
73HER HONOUR: Well that won't have the details of my sentence in it. Look, it won't take long, we've got the recognizance order here, it's just that
I unfortunately missed in the draft that it was put in as one of the conditions that reparation be made, so - - -
74MR BUCKLAND: I have a copy here, which I've filled out accordingly.
75HER HONOUR: All right.
76MR BUCKLAND: My friend can have a look at it.
77HER HONOUR: Look, I think, I'm going to just stick with the copy I have and have it deleted.
78MR BUCKLAND: Very well, Your Honour.
79HER HONOUR: I think it's ready now, is it? Thank you. Thank you, so I'll sign that. Yes, all right. So, Mr Buckland, if you could just assist your client with that recognizance order.
80MR BUCKLAND: I will, Your Honour.
81HER HONOUR: Thanks. Yes, is there anything further?
82MR BUCKLAND: No, Your Honour, thank you.
83MR ROBINS: No, Your Honour.
84HER HONOUR: All right, thank you. If you could please remove Mr White, thank you. I will just stand down briefly.
- - -

THE QUEEN
-v-
ANDREW PETER WHITE
SUMMARY OF FACTS

INDICTMENT

The Indictment contains the following charges:
a) Charge 1: Dealing with property reasonably suspected to be proceeds of crime contrary to section 400.9(1A) of the Criminal Code (Cth);
b) Charge 2: Attempting to dishonestly obtain a financial advantage by deception from a Commonwealth entity contrary to sections 11.1(1) and 134.2(1) of the Criminal Code (Cth); and
c) Charge 3: Dishonestly obtain a financial advantage by deception from a Commonwealth entity contrary to subsection 134.2(1) of the Criminal Code (Cth).
The maximum penalty for:
a.Charge One is 2 years imprisonment and/or a 120 penalty unit fine ($21,600.00);
b.Charge Two, 10 years imprisonment; and
c.Charge Three, 10 years imprisonment.

SUMMARY CHARGE

The following summary charge was transferred to the County Court from the Melbourne Magistrates’ Court on 22 December 2016:
a) 1 count of using identification information to obtain tickets for constitutional flights where the identification information was false in relation to the person who took or intended to take those flights contrary to section 376.4(1) of the Criminal Code (Cth).
The maximum penalty for the summary charge is 12 months imprisonment.

BACKGROUND

The Accused was arrested at Melbourne Airport on 9 June 2016 for an unrelated breach of parole.[1]
[1] Statement of Australian Federal Police Officer Joseph Tucker, dated 27 July 2016, 257-263 and 1412-1419.
After his arrest the Accused was sent to the Melbourne Assessment Prison to serve a sentence which subsequently expired on 4 July 2016.
The initial charges in this matter were filed on 22 June 2016 by way of Charge and Warrant. The Charge and Warrant was executed on the Accused on 23 June 2016.[2]
[2] Statement of Australian Federal Police Officer Nathan Woolard, dated 24 June 2016, 292-294.
A filing hearing was held in the Melbourne Magistrates’ Court on 24 June 2016 in relation to those initial charges that were executed.
On 22 December 2016, the Accused was committed to this Court after an uncontested committal hearing. The Accused was committed in relation to amended charges agreed between the Crown and Defence, being Charge 1, 2 and 3, and the summary charge.
At the time of committal, the Accused entered a plea of guilty to all charges.
The Accused has not applied for bail at any time following the expiry of his earlier sentence for breach of parole on 4 July 2016. He has accordingly served 291 days in custody in relation to this matter, between 4 July 2016 and today, 24 April 2017.
The Accused has a criminal history which includes 10 prior convictions for Medicare fraud between 1990 and 2011.

SUMMARY OF FACTS

Charge 1: Dealing with Property Reasonably Suspected to be Proceeds of Crime

Charge 1 represents multiple instances where the Accused dealt with the proceeds of Crime, namely the proceeds of fraudulent Medicare Claims, between 26 November 2015 and 31 May 2016.
Between 25 November 2015 and 24 May 2016, 16 relevant Medicare Claims, hereafter referred to as the “Claims”,[3] were received by Medicare Australia at various Medicare offices.[4]
[3] Crispin HULL: page 9, 46-48; John EAMES: 10, 55-57; David THOMAS: 9, 52-54; Dominic TANNER: 14, 88-90; Dirk BERMINGHAM: 17, 118-120; Amanda SELMES: 25, 184-186; Michael HERITAGE: 23, 162-164; Brian TALTY: 20, 142-145; Peter BRAY: 31, 237-240; Andrew WATSON: 27, 198-199; Geoffrey CRISPIN: 27, 200-203; Guy LILLICO: 27, 204-207; Selwyn MCFAUL: 31, 241-243; Warren PALMER: 28, 213-215; David DUNN: 29, 226-227, 1319-1321; Sharron TODD: 30, 228-230.
[4] Statement of the Medicare Informant, April Pilkington, dated 28 July 2016, 1-34.
The full details of each of the relevant Claims are summarised as the Annexure to Charge 1 within this summary.
The Claims were made in the names of Medicare patients for Medicare benefits payable in relation to medical services that those patients had purportedly received from various medical practitioners.[5]
[5] Above 4.
Each relevant medical practitioner subsequently confirmed that the services claimed by each Claim had not in fact been provided.[6]
[6] Crispin HULL: page 327-330; John EAMES: page 339-342, 1155-1158; David THOMAS: page 335-338;
While the Claims were each accompanied by receipts or invoices purportedly from the relevant medical practitioner purportedly evidencing that each claimed service had been provided, each medical practitioner has also confirmed that each of these documents were false.[7]
[7] Above 6.
Accordingly, the Claims were false and were each accordingly designed to defraud the Commonwealth of the Medicare benefits claimed by each.
There is no suggestion made that the Medicare patients in whose names the Claims were made actually lodged the Claims.[8]
[8] See e.g. Statements of: Crispin HULL, 1378-1379; John EAMES, 1376-1377; David THOMAS, page 1338-1339.
Medicare only became aware that the Claims were false after the relevant Medicare benefits had been paid.[9]
[9] Above 4.
Medicare had paid the benefits to a variety of bank accounts as directed by each Claim.[10]
[10] Above 4; Above 3; Statement of Forensic Accountant, Brett Jason Gordon, dated 20 October 2016, page 1380; Charge 1 Annexure.
Of the 16 Claims paid by Medicare:
a.1 claim, in the name of Crispin Hull, was paid by Medicare into ING Direct Bank Account, BSB: 923100 and Account: 33638387, held in the name of Benjamin Curran (“ING HULL Bank Account”);[11]
b.1 claim, in the name of John Eames, was paid by Medicare into ING Direct Bank Account, BSB: 923100 and Account: 87497534, held in the name of Benjamin Curran (“ING EAMES Bank Account”);[12]
c.1 claim, in the name of David Thomas, was paid by Medicare into ING Direct Bank Account, BSB: 923100 and Account: 34381098, held in the name of Benjamin Curran (“ING THOMAS Bank Account”);[13]
d.1 claim, in the name of Dirk BERMINGHAM, was paid by Medicare into Bendigo and Adelaide Bank Account, BSB 633000 and Account: 15684994, held in the name of James Henry Humberstone (“Humberstone Bank Account”);[14] and
e.Of the 12 remaining claims, these were paid by Medicare into a variety of bank accounts;[15] however were all ultimately transferred to the Humberstone Bank Account.[16]
[11] Claim form for Crispin HULL: page 9, 46-48; ING Direct Bank Statements, Curran, page 1479.
[12] Claim form for John EAMES: 10, 55-57; ING Direct Bank Statements, Curran, page 1482.
[13] Claim form for David THOMAS: 9, 52-54; ING Direct Bank Statements, Curran, page 1481.
[14] Claim form for Dirk BERMINGHAM: 17, 118-120; Bendigo and Adelaide Bank Statements, Humberstone, 1441.
[15] Claim forms for: Dominic TANNER: 14, 88-90; Amanda SELMES: 25, 184-186; Michael HERITAGE: 23, 162-164; Brian TALTY: 20, 142-145; Peter BRAY: 31, 237-240; Andrew WATSON: 27, 198-199; Geoffrey CRISPIN: 27, 200-203; Guy LILLICO: 27, 204-207; Selwyn MCFAUL: 31, 241-243; Warren PALMER: 28, 213-215; David DUNN: 29, 226-227, 1319-1321; Sharron TODD: 30, 228-230; Statement of Forensic Accountant, Brett Jason Gordon, dated 20 October 2016, page 1380; Charge 1 Annexure.
[16] See e.g Statement of Forensic Accountant, Brett Jason Gordon, dated 20 October 2016, page 1380; Charge 1 Annexure.
The benefits paid or transferred to these relevant accounts were all wholly withdrawn soon after their receipt, in single or multiple transactions, by cash withdrawals from ATMs in a variety of locations.[17]
[17] Above 16.
At all material times the Accused is taken to have been the operator of the ING HULL Bank Account, ING EAMES Bank Account, and ING THOMAS Bank Account, and made the relevant withdrawals, because:
a.Each account was held by ING Direct in the sole name of “Benjamin Curran”;[18]
b.“Benjamin Curran” is the Accused’s legal name, being the name registered on the Accused’s birth certificate;[19]
c.The Commonwealth, namely Medicare Australia[20] and the Department of Human Services (Centrelink) has previously recorded the ING HULL Account as the personal account of the Accused, and has previously made social security payments to that account in the Accused’s own name.[21]
d.Each account has a registered address being PO Box 533 Flinders Lane, VIC;[22]
e.PO Box 533 Flinders Lane, VIC is registered by Australia Post in the name of the Accused, Benjamin CURRAN;[23] and
f.The Commonwealth Government, namely Centrelink, has confirmed that PO Box 533 Flinders Lane, VIC is the recorded personal postal address for the Accused.[24]
[18] Statement of Zoran Karanfilovski, ING Direct, dated 21 October 2016, page 1459.
[19] Birth Certificate, Benjamin Andrew Curran, page 1151 (the Accused’s birth name is Andrew Peter White, and was changed to Benjamin Curran in 2006).
[20] Statement of the Medicare Investigator, Tami Connor, dated 22 September 2016, 1153-1154.
[21] See e.g. Above 20 (Statement of Tami Connor); ING Direct Bank Statement, Curran (33638387), page 1478: payments of Newstart Allowance, including: $528.00 on 02 September 2015; $500 on 14 September 2015; and $489.50 on 16 September 2015.
[22] Statement of Zoran Karanfilovski, ING Direct, dated 21 October 2016 page 1459; ING Direct Bank Statements: page 1478, 1481, 1482.
[23] Australia Post PO Box Application form for “Box 553” in the name of Benjamin Curran and signed, dated 14 May 2015, providing proof of age card 03749793 as evidence of identity, page 1423-1424.
[24] Statement of the Medicare Investigator, Tami Connor, dated 22 September 2016, 1153-1154.
At all material times, the Accused is taken to have been in control of the Humberstone Bank Account, because:
a.On 17 March 2016, the Accused was recorded on CCTV footage making a withdrawal from a Bendigo and Adelaide Bank Automatic Teller Machine (“ATM”) located at 303 Collins Street, Melbourne;[25] and
b.Bendigo and Adelaide Bank have confirmed that the withdrawal from the ATM at this time was a withdrawal from the Humberstone Bank Account;[26]
c.Analysis of the Humberstone Bank Account statements reveals that it was used solely as a destination and withdrawal account for fraudulently claimed Medicare benefits.[27]
[25] Statement of Angela shepherd, Bendigo and Adelaide Bank, dated 13 October 2016, page 1396; CD of CCTV footage, page 1634.
[26] Above 25.
[27] Bendigo and Adelaide Bank Statements, Humberstone, 1441.
The Accused, as operator of the relevant accounts, is taken to have made each of the withdrawals of the Medicare benefits ultimately paid to those accounts.[28]
[28] Statement of Forensic Accountant, Brett Jason Gordon, dated 20 October 2016, page 1380; Charge 1 Annexure.
Charge 2: Attempt to Obtain a Financial Advantage by Deception
On 8 June 2016, a Medicare Claim for benefits was submitted to Medicare at the Casino Service Centre, New South Wales in the name of a Medicare patient Susan RUTKOWSKI.[29]
[29] Statement of the Informant, April Pilkinton, dated 28 July 2016, page 29; page 222-224.
The RUTKOWSKI Claim was for Medicare benefits purportedly payable in relation to a medical service claimed to have been provided to Ms Rutkowski by Dr Antony Milch between 2 and 31 May 2016.[30]
[30] Above 29.
Submitted with the RUTKOWSKI Claim was an invoice purportedly from Dr Milch evidencing that the relevant service had been paid.[31]
[31] Above 29.
Dr Antony Milch’s practice has confirmed that the service claimed to have been provided to Ms Rutkowski was not in fact provided, and that the invoice submitted with the RUTKOWSKI claim was false.[32]
[32] Statement of Elizabeth Dixon, Family in Mind, 489-492; 1212-1215.
Ms Rutkowski has confirmed that she did not receive the claimed medical service, was not a patient of Dr Milch at any time, and did not herself lodge the RUTKOWSKI Claim.[33]
[33] Statement of Susan RUTKOWSKI, dated 13 October 2016, 1336-1337.
The RUTKOWSKI Claim directed Medicare to the claimed Medicare benefits to a Westpac bank account (BSB 032109, account number 329025) in the name of Marcus Bowles, hereafter called the “Bowles Westpac Account”.[34]
[34] Above 29.
Medicare become aware that the RUTKOWSKI Claim was likely a fraudulent claim before the RUTKOWSKI Benefits were paid to the Bowles Westpac Account. Medicare accordingly rejected the RUTKOWSKI Claim, and no benefits were paid.[35]
[35] Statement of the Medicare Informant, April Pilkington, dated 28 July 2016, page 29.
At all material times, the Accused is taken to have been in control of the BOWLES Westpac Account, because:
a.An IPhone confiscated from the Accused at the time of his arrest on 9 June 2016[36] contained[37] a photograph of a handwritten document on which was written the internet banking login details, BSB and Account number of the Bowles Westpac Account;[38] and
b.Marcus BOWLES, a real person in whose name the Bowles Westpac Account was opened with accurate identifying information:[39]
i.himself had a fraudulent Medicare Claim lodged in his name by the Accused on 24 May 2016 which is particularised and charged as part of Charge 3; and
ii.has provided a statement to Medicare to confirm that he did not open the Bowles Westpac Account.[40]
[36] Statement of Australian Federal Police Officer Joseph Tucker, dated 27 July 2016, 257-263; Statement of Australian Federal Police Officer David Stevens, dated 19 October 2016, 1345-1348.
[37] Statement of Senior Digital Forensics Officer Alain Thammavong, dated 27 July 2016, 299-302.
[38] Above 37; IPhone Document, 1430.
[39] Letter from Westpac Banking Corporation, dated 16 August 2016, 1548; Westpac Bank Statement, Bowles,1553; Statement of Marcus Bowles, dated 8 October 2016, 1342-1344.
[40] Statement of Marcus Bowles, dated 8 October 2016, 1342-1344.
The Accused is taken to have lodged the RUTKOWSKI Claim and intended to receive the RUTKOWSKI Benefits into the Bowles Westpac Account, because next to the details for the Bowles Westpac Account written on the document found on his IPhone, the name “RUTKOWSKI” was also been written.[41]
[41] Above 37; IPhone Document, 1430.
Obtain a Financial Advantage by Deception (indictable charge 3)
On 2 June 2016, 8 June 2016, 8 June 2016 and 10 June 2016 respectively, Medicare received Medicare Claims in the names of: Peter CORKE,[42] Marcus BOWLES,[43] Robert TURNER[44] and Justin SCHMIDT.[45]
[42] Statement of the Medicare Informant, April Pilkington, dated 28 July 2016, 32; 247-248 and 1420-1422.
[43] Above 42, 32; 244-246.
[44] Above 42, 33; 251-252.
[45] Above 42, 32; 249-250.
The Claims were submitted by post to various Medicare offices, being respectively for: CORKE at Wynnum, Queensland; BOWLES at Launceston, Tasmania; TURNER at Port Augusta, South Australia; and SCHMIDT at Whyalla, South Austraila.[46]
[46] Above 42 - ..45.
The Claims were for Medicare benefits purportedly payable in relation to medical services provided to each claimant.
The Medical services claimed, were: for CORKE purportedly provided by Dr Mark Ray on 19 May 2016; for BOWLES by Dr Stephen Brough on 24 May 2016; for TURNER by Dr Paul Athanasiov on 19 May 2016; and for SCHMIDT by Dr Peter Hewitt on 17 May 2016.[47]
[47] Above 42 - ..45.
Submitted with the claims were invoices purportedly from each relevant medical practitioner evidencing that the relevant service had been paid.[48]
[48] Above 42 - ..45.
Each medical practitioner has provided a statement to confirm that the Services specified in the claims for CORKE,[49] BOWLES,[50] TURNER,[51] and SCHMIDT[52] were not provided, and that the documents submitted as evidence of those services were false.
[49] Statement of Karen Baguley, QVascular, dated 29 July 2016, 1230-1234.
[50] Statement of Kathryn Easterbrook, dated 10 August 2016, 1247-1251.
[51] Statement of Jane Melhuish, dated 18 August 2016, 1252-1255.
[52] Statement of Rachael Griffin, Practice Manager Dr Griffin Consulting Rooms, dated 31 August 2016, 1235-1238.

CORKE,[53] BOWLES,[54] and TURNER[55] have provided statements to confirm that they did not receive the medical services specified in the claims.
[53] Statement of Peter Corke, dated 17 October 2016, 1340-1341.
[54] Statement of Marcus Bowles, dated 8 October 2016, 1342-1344.
[55] Statement of Robert Turner, dated 7 October 2016, 1317-1318.
Medicare was directed by the relevant claims to pay the benefits for the Services:[56]
a.For CORKE, to a Westpac bank account (BSB 032109, account: 307918) in the name of Peter Corke (“Corke Westpac Account”);
b.For BOWLES, to a Commonwealth Bank account purportedly in the name of Marcus Bowles (BSB: 062948; Account: 14376257) (“Bowles Commonwealth Account 1”);
c.For TURNER, to a Westpac Bank account purportedly in the name of Marcus Bowles (BSB: 732 109; Account: 820014) (“Bowles Westpac Account”); and
d.For SCHMIDT, to a Commonwealth Bank account purportedly in the name of Marcus Bowles (BSB: 062948; Account: 14376249) (“Bowles Commonwealth Account 2”).
[56] Above 42 - ..45.
Between 6 June 2016 and 15 June 2015, Medicare paid the benefits for the claims into the bank accounts directed. These payments were for: CORKE, $530.28 on 6 June 2016;[57] BOWLES, $556.15 on 15 June 2016;[58] for TURNER, $569.55 on 9 June 2016;[59] and for SCHMIDT, $543.75 on 15 June 2015.[60]
[57] Above 42; Westpac Bank Statements, Corke, 1552.
[58] Above 43; Commonwealth Bank Statements, Bowles, 1635.
[59] Above 44; Westpac Bank Statements, Bowles, 1556.
[60] Above 45; Commonwealth Bank Statements, Bowles, 1636.
See Charge 3 annexure for a full summary of the Claims and payments.
At all material times, the Accused was in control of each of the Corke Westpac Account Bowles Commonwealth Account, Bowles Westpac Account, and Bowles Commonwealth Account 2, because:
a.CORKE,[61] BOWLES,[62] and TURNER[63] have provided statements confirming that they did not open or control any of the relevant accounts;
b.An IPhone confiscated from the Accused at the time of his arrest on 9 June 2016[64] contained[65] photographs of handwritten documents on which were written internet banking login details, BSB and Account numbers matching those of each of the Corke Westpac Account,[66] Bowles Commonwealth Account,[67] Bowles Westpac Account,[68] and Bowles Commonwealth Account 2.[69]
[61] Statement of Peter Corke, dated 17 October 2016, 1340-1341.
[62] Statement of Robert Turner, dated 7 October 2016, 1317-1318.
[63] Statement of Marcus Bowles, dated 18 October 2016, 1342-1344.
[64] Statement of Australian Federal Police Officer Joseph Tucker, dated 27 July 2016, 257-263; Statement of Australian Federal Police Officer David Stevens, dated 19 October 2016, 1345-1348.
[65] Statement of Senior Digital Forensics Officer Alain Thammavong, dated 27 July 2016, 299-302.
[66] IPhone Document, 1429.
[67] IPhone Document, 1430.
[68] IPhone Document, 1430.
[69] IPhone Document, 1430.
The Accused is taken to have lodged each of the Claims in the names of CORKE, BOWLES, TURNER and SCHMIDT, because:
a.The IPhone confiscated from the Accused at the time of his arrest on 9 June 2016[70] also contained[71] photographs of handwritten documents on which were written:
i.the words “BOWLES”, “TURNER”, and “SCHMIDT” alongside internet banking login details, BSB and Account numbers for each of the Bowles Commonwealth Account, Bowles Westpac Account and Bowles Commonwealth Account 2 – particularly next to the details for the account where each claim directed Medicare to pay the Benefits;[72]
ii.accurate personal details for each of Peter CORKE[73] and Marcus BOWLES[74] being: the Medicare number, date of birth, and address of each which would have allowed Medicare claims to be made in their names.
Use identification information to obtain air passenger tickets for constitutional flights where the identification information was false in relation to the person who took those flights (SUMMARY Charge)
[70] Statement of Australian Federal Police Officer Joseph Tucker, dated 27 July 2016, 257-263; Statement of Australian Federal Police Officer David Stevens, dated 19 October 2016, 1345-1348.
[71] Statement of Senior Digital Forensics Officer Alain Thammavong, dated 27 July 2016, 299-302.
[72] IPhone Document, 1430.
[73] IPhone Document, 1429.
[74] IPhone Document, 1430.
Between 28 February 2016 and 20 May 2016, 4 bookings on interstate domestic flights were booked with Virgin Australia and 1 with Jetstar for a passenger “Daniel Byrne” to travel on flights with those airlines scheduled between 20 February 2016 and 9 June 2016.
The bookings with Virgin Australia for “Daniel Byrne” were made:
a.On 28 February 2016, under booking reference YTMAJD, to travel on flight VA0740 from Coolangatta to Melbourne on 17 March 2016.[75]
b.On 12 March 2016, under booking reference RUMSED, to travel on flight VA0741 from Melbourne to Coolangatta on 19 March 2016.[76]
c.On 31 March 2016, under booking reference OQFUXV, to travel on flights: [77]
i.VA0474 from Brisbane to Perth on 19 April 2016;
ii.VA1433 from Perth to Darwin on 21 April 2016; and
iii.VA0454 from Darwin to Brisbane on 23 April 2016.
[75] Statement of Shannon Lee Ray, Virgin Australia, dated 28 September 2016, 1349: 1351-1352; 1365-1370.
[76] Statement of Shannon Lee Ray, Virgin Australia, dated 28 September 2016, 1349: 1351; 1359-1364.
[77] Statement of Shannon Lee Ray, Virgin Australia, dated 28 September 2016, 1349: 1350; 1353-1358.
The booking with Jetstar for “Daniel Byrne” was made on 20 May 2016, under booking reference Q7D72L, to travel on flight JQ437 from Coolangatta to Melbourne on 9 June 2015.[78]
[78] Statement of Janice Pashby, Qantas Legal, dated 6 July 2016, 1399-1411: 1408.
The address given for Daniel Byrne for each of the bookings in the name of “Daniel Byrne” was:
a.for each of the Virgin bookings, as 156 Vulture Street, South Brisbane; and
b.for the Jetstar booking, as 114/1 Paradise Island, Paradise Island.[79]
[79] Statement of Janice Pashby, Qantas Legal, dated 6 July 2016, 1399-1411: 1408.
Each of the Virgin and Jetstar Bookings were in whole or part paid for using a Visa Debit “Load and Go” Card issued by Australia Post with number 8409.[80]
[80] Statement of Shannon Lee Ray, Virgin Australia, dated 28 September 2016, 1349-1370; Statement of Janice Pashby, Qantas Legal, dated 6 July 2016, 1399-1411: 1410; Statement of Silvana Martinovska, Australia Post, dated 27 September 2016, 1266-1276: 1271-1275.
The “Load and Go” Card (8409) was issued in the name of “Daniel Byrne”, and had a registered address of 156 Vulture Street, South Brisbane.[81]
[81] Statement of Silvana Martinovska, Australia Post, dated 27 September 2016, 1266-1276: 1271.
The Accused was arrested at Melbourne Airport on 9 June 2016 disembarking the Jetstar Flight JQ437.[82]
[82] Statement of Australian Federal Police Officer and informant, David Stevens, dated 19 October 2016, 1345-1348.
The Accused is taken to have travelled under the name of Daniel Byrne and made each of the bookings in that name, because:
a.Immediately after the Accused’s arrest, the Accused was searched and found in possession of:[83]
[83] Statement of Australian Federal Police Officer, Joseph Barrett Tucker, dated 27 July 2016, page 1412-1419.
i.a Jetstar boarding pass for the Jetstar Flight JQ437 in the name of Daniel Byrne;[84]
[84] Above 83: 1417-1418.
ii.The Australia Post “Load and Go” card (8409) in the name of Daniel Byrne which was used to pay for the flights;[85]
[85] Above 83, 1416.
iii.an IPhone[86] found to contain[87] a document listing the address (156 Vulture Street, South Brisbane), card number, PIN and internet banking details for Australia post “Load and Go” card (8409) in the name of Daniel Byrne;[88] and
[86] Above 83, 1415.
[87] Statement of Senior Digital Forensics Officer Alain Thammavong, dated 27 July 2016, 299-302.
[88] IPhone document, 1435.
iv.a NSW Masonic Club card, member no 5247,[89] which had been purchased on 14 April 2016 with “Load and Go” Card 8409 in the name of Daniel Byrne, and which was registered in the name of Andrew CURRAN - a combination of the Accused’s birth name Andrew, and his birth certificate name of Curran - to address 114a/1 Paradise Island, Paradise Island, Qld 4217.[90]
[89] Statement of Australian Federal Police Officer, Joseph Barrett Tucker, dated 27 July 2016, page 1412-1419.
[90] Statement of Paul Brasch, General Manager NSW Masonic Club, dated 19 October 2016, 1374-1375.
b.The address 114/1 Paradise Island, Paradise Island, which was used to make the Jetstar booking in the name of Daniel Byrne, is the address of the Paradise Island Resort in Surfers Paradise.[91]
[91] Statement of Amanda Hoare, Receptionist Paradise Island Resort, dated 6 October 2016, 1372-1373: 1373.
c.A person in the name of Andrew Curran, a combination of the Accused’s birth first name of Andrew and his current last name, Curran, was a guest at the Paradise Island Resort between 10 February 2016 and 30 April 2016, staying in room 114A.
d.The Accused has at no time been legally known as Daniel Byrne.[92]
[92] Birth Certificate, Benjamin Andrew Curran, page 1151.

Dominic TANNER: page 1174-1178; Dirk BERMINGHAM: 1637-1670; Amanda SELMES: page 452-455; Michael HERITAGE: page 425-430; Brian TALTY: page 412-415; Peter BRAY: 1675-1680; Andrew WATSON: page 466-470; Geoffrey CRISPIN: page 1243-1246; Guy LILLICO: page 471-473; Selwyn MCFAUL: page 1225-1229, 1322-1326; Warren PALMER: page 474-479; David DUNN: page 493-498; Sharron TODD: 1671-1674.

[2017] VCC 493

1 May 2017