Moreland v Snowdon

[2007] WASC 137

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

Ralph v Nawrowjee [2003] WASCA 5

1. 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

1. 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

1. 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).

2. The maximum penalty for the offence is 12 months' imprisonment or a fine of $6,600.00.

3. 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…