JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL
CITATION: MORELAND -v- SNOWDON [2007] WASC 137
CORAM: JENKINS J
HEARD: 28 MAY 2007
DELIVERED : 29 MAY 2007
FILE NO/S: SJA 1062 of 2006
BETWEEN: PAULA MORELAND
Appellant
AND
KIRSTY JANE SNOWDON
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram :MAGISTRATE L H JONES
File No :AR 4558 of 2006
Catchwords:
Criminal law - Prosecution appeal against sentence - Social security fraud - Whether conviction ought to have been recorded
Legislation:
Crimes Act 1914 (Cth), s 16A, s 19(1)(d), s 19B, s 19B(1), s 19B(2A)
Criminal Appeals Act 2004 (WA), s 40, s 41
Social Security (Administration) Act 1999 (Cth), s 215(1), s 217
Result:
Appeal allowed
Category: B
Representation:
Counsel:
Appellant: Mr D W L Renton
Respondent: No appearance
Solicitors:
Appellant: Commonwealth Director of Public Prosecutions
Respondent: No appearance
Case(s) referred to in judgment(s):
Everett v The Queen (1994) 181 CLR 295
Federal Commissioner of Taxation v Baffsky (2001) 192 ALR 92
Laxton v Justice (1985) 38 SASR 376
Markarian v The Queen (2005) 215 ALR 213
Matta v Australian Competition and Consumer Commission [2000] FCA 729
Nunn v Kinnon (1988) 4 WAR 459
R v Osenkowski (1982) 30 SASR 212
R v Rossi (1988) 4 WAR 463
R v Sinclair (1990) 51 A Crim R 418
JENKINS J: This is an appeal from the decision of a Magistrate sitting in the Magistrate's Court at Armadale on 25 May 2006 on Prosecution Notice 4558 of 2006. It alleged that the respondent obtained payment of a parenting payment knowing that the payment was only payable in part, contrary to the Social Security (Administration) Act 1999 (Cth), s 215(1) and s 217. The Magistrate discharged the respondent, without proceeding to conviction, upon her entering into a recognisance pursuant to the Crimes Act 1914 (Cth) ("the Crimes Act"), s 19(1)(d).
Grounds of appeal
The grounds of appeal by the prosecutor are:
(1)the sentence imposed was manifestly inadequate in all of the circumstances of the case;
(2)the learned Magistrate erred in law by failing to properly determine whether s 19B(1) of the Crimes Act was applicable; and
(3)the learned Magistrate erred in law by misdirecting himself on the effect of the imposition of a bond made pursuant to s 19B(1)(d) of the Crimes Act.
The charge
The charge alleged that the respondent, between 13 July 2004 and 2 August 2005 at Canning Vale, obtained payment of a social security payment under the social security law, namely, Parenting Payment (Single), knowing that the said payment was only payable in part, contrary to s 215(1) and s 217 of the Social Security (Administration) Act1999 (Cth).
The maximum penalty for the offence is 12 months' imprisonment or a fine of $6,600.00.
The respondent pleaded guilty. After the prosecutor recited the facts and a plea in mitigation was made, the respondent, without proceeding to a conviction, was discharged, upon her giving security…
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- AGLC
- Moreland v Snowdon [2007] WASC 137
- Case
- [2007] WASC 137
- Decision Date
CaseChat Overview and Summary
The legal issues that the court was required to address included the interpretation of relevant provisions in the Social Security (Administration) Act 1999 (Cth) and the Sentencing Act 1991 (Vic). The primary focus was on whether the trial judge erred in not recording convictions for all charges against Moreland, as well as the appropriateness of the sentence imposed. The court also examined the proportionality of the sentences and whether the trial judge had taken into account all relevant mitigating and aggravating factors.
The Court of Appeal held that the trial judge had indeed erred in not recording convictions for all charges against Moreland. The appellate court found that the evidence supported convictions on all counts, and that the failure to record these convictions was a significant error that warranted intervention. Regarding the sentence, the court found that while the sentence was within the statutory maximum, it was nevertheless excessive given the circumstances of the case. The court considered that the trial judge had not adequately balanced the aggravating and mitigating factors, leading to a sentence that was disproportionate. Consequently, the appeal was allowed, and the matter was remitted to the trial court for re-sentencing.
Orders
Orders of the court
Appeal allowed
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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