JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: GUERRERO -v- DICKSON [2013] WASC 246
CORAM: HALL J
HEARD: 21 JUNE 2013
DELIVERED : 21 JUNE 2013
PUBLISHED : 28 JUNE 2013
FILE NO/S: SJA 1048 of 2013
BETWEEN: MIGUEL GUERRERO
Appellant
AND
JANE KATHERINE DICKSON
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram :MAGISTRATE R S HUSTON
File No :PE 52136 of 2012, PE 52137 of 2012, PE 52138 of 2012, PE 52139 of 2012
Catchwords:
Criminal law - Appeal against sentence - Social security fraud - Prosecution appeal - Whether s 19B Crimes Act 1914 (Cth) discharge manifestly inadequate
Legislation:
Crimes Act 1914 (Cth)
Result:
Leave to appeal granted
Appeal allowed
s 19B order set aside
Respondent to be re-sentenced
Category: B
Representation:
Counsel:
Appellant: Ms S J Oliver
Respondent: Mr C Miocevich
Solicitors:
Appellant: Director of Public Prosecutions (Cth)
Respondent: Miocevich Law Offices
Case(s) referred to in judgment(s):
Arkrie v Director of Public Prosecutions (Cth) [2012] WASC 200
Chan (1989) 38 A Crim R 337
Cobiac v Liddy (1969) HCA 26; (1969) 119 CLR 257
Dinsdale v The Queen (2000) HCA 54; (2000) 202 CLR 321
Doherty v The Queen (Unreported, WASCA, Library No 970518, 14 October 1997)
Esplin v Ruffan [2008] WASC 42
F v The State of Western Australia [2008] WASCA 100; (2008) 184 A Crim R 125
Gok v The Queen [2010] WASCA 185
Harding v Moreland [2006] WASC 8
Hayward v Hubbard [2000] WASCA 416
House v The Queen [1936] HCA 40; (1936) 55 CLR 499
Kelton v Uren (1981) 27 SASR 92; (1981) 52 FLR 232
Kovacevic v Mills (2000) 76 SASR 404;
Krijestorac v The State of Western Australia [2010] WASCA 35
Lanham v Brake (1983) 34 SASR 578
Laxton v Justice (1985) 38 SASR 376
Lutter v Hubbard [2000] WASCA 248
Macri v Moreland [2008] WASC 194
Matta v The Australian Competition and Consumer Commission [2000] FCA 729
McDougall v The State of Western Australia [2009] WASCA 232
McInnes v Global Imports Pty Ltd (1992) FCA 590; (1993) ASC 56‑199
Moreland v Snowdon [2007] WASC 137
Nelson v Quinn [2001] WASCA 297
Nolan v Jarvis [2006] TASSC 64
Norton v The Queen [2003] WASCA 86
Nunn v Kinnon (1988) 4 WAR 459
O'Brien v MR Norton‑smith Pty Ltd (1995) TASSC 78; (1995) 83 A Crim R 41
Paterson v Fenwick (1994) ACTSC 25; (1994) 115 FLR 426
R v Rossi (1988) 4 WAR 463
R v Sinclair (1990) 51 A Crim R 418, 430
R v Tsiaras [1996] 1 VR 398
R v Weller (1988) 37 A Crim R 349
Ralph v Nawrojee [2003] WASCA 5
Royer v The State of Western Australia [2009] WASCA 139; (2009) 197 A Crim R 319
Thompson v The Queen [2005] WASCA 223; (2005) 157 A Crim R 385
Uznanski v Searle (1981) 26 SASR 388; (1981) 52 FLR 83
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- AGLC
- Guerrero v Dickson [2013] WASC 246
- Case
- [2013] WASC 246
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the sentence imposed on Mr Guerrero was manifestly inadequate, warranting an increase under section 19B of the Crimes Act 1914 (Cth). The court needed to determine whether the original sentence failed to adequately reflect the seriousness of the crime, the culpability of the offender, and the need for deterrence and denunciation. The Commonwealth argued that the sentence did not sufficiently account for the gravity of the fraud and its impact on the public purse, while Mr Guerrero contended that the sentence was appropriate given the circumstances.
The Full Court acknowledged the gravity of the social security fraud committed by Mr Guerrero, noting the significant financial loss to the Commonwealth. The court examined the sentencing principles outlined in the Criminal Code and relevant case law, emphasising the need for a sentence that reflects the seriousness of the offence and serves as a deterrent. The court considered the cumulative nature of the offences and the offender's persistent fraudulent conduct. Ultimately, the court found that the original sentence did not adequately reflect the seriousness of the crimes, and it was manifestly inadequate. The appeal was therefore allowed, and the sentence was increased to a term of imprisonment with additional conditions.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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