Hanna Maree Dickinson v The Queen

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SUPREME COURT OF VICTORIA

COURT OF APPEAL

S EAPCR 2021 0001

HANNA MAREE DICKINSON Applicant
v
THE QUEEN Respondent

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JUDGES: KAYE JA
WHERE HELD: MELBOURNE
DATE OF HEARING: 9 March 2021
DATE OF JUDGMENT: 11 March 2021
MEDIUM NEUTRAL CITATION: [2021] VSCA 50
JUDGMENT APPEALED FROM: [2021] VCC 1867 (Judge Dawes)

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APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE DETERMINED BY A SINGLE JUDGE PURSUANT TO S 315 OF THE CRIMINAL PROCEDURE ACT 2009

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CRIMINAL LAW – Application for leave to appeal – Sentence – Applicant pleaded guilty to obtaining a financial advantage by deception from a Commonwealth entity contrary to sub-section 134.2(1) of the Criminal Code (Cth) – Applicant fraudulently obtained Disability Support Pension payments over a 4 year period by claiming to have been diagnosed with terminal cancer – Not reasonably arguable that judge erred in giving modest weight to consequence of adverse media publicity to applicant – Not reasonably arguable that sentence manifestly excessive – Leave to appeal refused.

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APPEARANCES: Counsel Solicitors
For the Applicant Mr B Sonnet Criminal Lawyers Geelong
For the Respondent Ms K Breckweg with Mr R de Vietri Ms A Pavleka, Solicitor for Public Prosecutions (Cth)

KAYE JA:

  1. The applicant pleaded guilty, in the County Court of Victoria, to one charge of dishonestly obtaining a financial advantage by deception from a Commonwealth entity, contrary to sub-section 134.2(1) of the Criminal Code (Cth). The charge, to which the applicant pleaded guilty, alleged that the applicant, between 15 January 2014 and 27 October 2018, dishonestly obtained payments of Disability Support Pension from the Commonwealth in amounts totalling $100,230.73, by providing false information to Services Australia that she had been diagnosed with, and was seeking treatment for, cancer.

  1. Following a plea presented on her behalf, the applicant was sentenced as follows:

Charge

Offence

Maximum

Sentence

Cumulation

1. Dishonestly obtaining a Financial Advantage by Deception from Commonwealth Entity (contrary to s 134.2(1) of the Criminal Code (Cth) 10 years 2 years 6 months’ imprisonment
Total Effective Sentence: 2 years 6 months’ imprisonment
Non-Parole Period: 12 months’ imprisonment and then to be released on recognisance in sum of $1,000 for period of 3 years.
Section 6AAA Statement:

3 years 3 months’ imprisonment

15 months’ imprisonment and then to be released on recognisance in sum of $1,000 for period of 3 years.

Other Orders: Reparation order — sum of $92,178.72
  1. The applicant seeks leave to appeal against her sentence on the following two grounds:

Ground 1:The sentencing judge erred in according the applicant only ‘a modest sentencing benefit’ as a consequence of the adverse media publicity.

Ground 2:The sentence imposed by the sentencing judge is manifestly excessive in all the circumstances by virtue of:

(a)       breaching the principle of totality;  and/or

(b)       giving insufficient weight to matters in mitigation.

Circumstances of offending

  1. On 2 December 2013, the applicant telephoned Services Australia (‘the Department’) and advised of her intention to make an application for a Disability Support Pension.  Following that call, the Department sent to…

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Details
Case
[2021] VSCA 50
Decision Date

CaseChat Overview and Summary

The case of Hanna Maree Dickinson v The Queen involves an application by Dickinson for leave to appeal against a sentence determined by a single judge. The applicant had pleaded guilty to obtaining a financial advantage by deception from a Commonwealth entity, specifically by fraudulently obtaining Disability Support Pension payments over a four-year period by falsely claiming to have been diagnosed with terminal cancer. The application was heard in the High Court of Australia.

The legal issues before the court included whether it was reasonably arguable that the judge erred in giving modest weight to the consequences of adverse media publicity to the applicant and whether the sentence was manifestly excessive. The court considered whether these grounds were sufficient to establish that the applicant had a reasonable prospect of success on appeal.

The court found that it was not reasonably arguable that the judge had erred in giving modest weight to the adverse media publicity. The court also concluded that the sentence was not manifestly excessive, taking into account the seriousness of the offence and the need for deterrence and denunciation. As a result, the application for leave to appeal was refused.

The final orders of the court were that the application for leave to appeal against the sentence was dismissed. The sentence imposed by the primary judge remained in place.

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