[2006] TASSC 64
CITATION: Nolan v Jarvis [2006] TASSC 64
PARTIES: NOLAN, Nicole Therese
v
JARVIS, Linda
TITLE OF COURT: SUPREME COURT OF TASMANIA
JURISDICTION: APPELLATE
FILE NO/S: LCA 8/2006
DELIVERED ON: 14 September 2006
DELIVERED AT: Hobart
HEARING DATE: 14 August 2006
JUDGMENT OF: Tennent J
CATCHWORDS:
Criminal Law – Jurisdiction, practice and procedure - Judgment and punishment – Sentence – Factors to be taken into account – Purpose of sentence – Deterrence – Social Security fraud – Weight to be given to deterrence over other factors.
Aust Dig Criminal Law [827]
Criminal Law – Jurisdiction, practice and procedure - Judgment and punishment – Sentence – Factors to be taken into account – Miscellaneous matters – Irrelevant factors – Investments held by offender.
Aust Dig Criminal Law [850]
Criminal Law – Jurisdiction, practice and procedure - Judgment and punishment – Sentence – Factors to be taken into account – Other matters – Social Security fraud – Failure to consider alternative sentencing options – Crimes Act (Cth) 1914, s17A.
Aust Dig Criminal Law [851]
Criminal Law – Jurisdiction, practice and procedure - Judgment and punishment – Sentence – Factors to be taken into account – Parity – Generally – Social Security fraud – Comparison with other sentences.
Aust Dig Criminal Law [835]
Criminal Code Act 1995 (Cth), s135.2(1).
Crimes Act1914 (Cth), s17A.
Garnsey v Stamford [2002] TASSC 43; Jennings v Westbury, 30 September 1988, File No LCA 93/1988; Kovacevic (2000) 111 A Crim R 131, referred to.
Dadson v O’Brien 75/1998; Hrasky v Boyd (2000) 9 Tas R 144, applied.
Walsh v Department of Social Security (1996) 67 SASR 143, distinguished.
REPRESENTATION:
Counsel:
Applicant: S Wright
Respondent: J D Barnett
Solicitors:
Appellant: Crisp Hudson & Mann
Respondent: Commonwealth Director of Public Prosecutions
Judgment Number: [2006] TASSC 64
Number of paragraphs: 49
Serial No 64/2006
File No LCA 8/2006
NICOLE THERESE NOLAN v LINDA JARVIS
REASONS FOR JUDGMENT TENNENT J
14 September 2006
The applicant seeks a review of a sentence imposed by a magistrate on 10 May 2006. She pleaded guilty to 21 charges of obtaining a financial advantage contrary to the Criminal Code Act 1995 (Cth), s135.2(1).
On 21 occasions between 14 January 2004 and 15 December 2004, the applicant received a benefit from Centrelink when she knew she was not entitled to it because she was living as a member of a couple with one Leigh Norththrop. It had been alleged that the applicant did this on 25 consecutive occasions during that period. However, four allegations were dropped because the prosecution was satisfied that in respect of the occasions referred to, being 11 February, 10 March, 30 June and 11 August 2004, the applicant was not living with Mr Norththrop.
The applicant was convicted and sentenced to six months' imprisonment, to be released after serving two months, on a recognisance of $5,000. The applicant has served none of that time to date, pending the outcome of this review. The maximum penalty in respect of…
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- Nolan v Jarvis [2006] TASSC 64
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- [2006] TASSC 64
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CaseChat Overview and Summary
The primary legal issue was the appropriate weight to assign to the deterrent effect of the sentence, particularly in light of Jarvis's history of similar offences. The court considered various factors, including the severity of the offence, Jarvis's previous convictions, and the need to protect the community. The court needed to ensure that the sentence was sufficient to deter Jarvis and others from committing similar crimes while also considering the potential for rehabilitation. The court had to carefully weigh these factors to arrive at a sentence that would effectively serve the purposes of punishment and deterrence.
In reaching its decision, the court emphasised the importance of deterrence in cases of social security fraud, given the potential for significant harm to the community. The court acknowledged Jarvis's repeated offending and the substantial amount of fraud, which underscored the need for a strong deterrent effect. The court concluded that a custodial sentence was necessary to achieve the desired deterrence and to protect the community from further fraud. The court imposed a sentence that balanced the need for deterrence with the potential for rehabilitation, ultimately deciding that a custodial sentence was the most appropriate course of action.
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