R (Cth) v Armstrong

Case [2023] NSWDC 563


District Court


New South Wales

Medium Neutral Citation: R (Cth) v ARMSTRONG [2023] NSWDC 563
Hearing dates: 4 December 2023
Date of orders: 15 December 2023
Decision date: 15 December 2023
Jurisdiction:Criminal
Before: Lerve DCJ
Decision:

Appeal upheld to the extent that the sentence date is backdated to take into account on the issues of parity and the commencement date of the sentence and non-parole period

Sentenced – see paragraphs [125]-[131]

Catchwords:

CRIME – dishonestly obtain financial advantage – fraud and attempt on the Commonwealth – submit false information on business activity statement to obtain GST refund

CRIME – appeal – knowingly take part in the supply of prohibited drug – methyl amphetamine

SENTENCE – subjective features – unenviable criminal record – PTSD, major depressive disorder and substance abuse as causal connection - selling drugs to support own habit

Legislation Cited:

Crimes Act 1914 (Cth)

Crimes (Sentencing Procedure) Act, 1999

Drug Misuse and Trafficking Act 1985

Mental Health and Cognitive Impairment Forensic Provisions Act, 2020

Cases Cited:

Acosta v R [2015] VSCA 94

Bugmy v The Queen [2013] HCA 37

DPP (Cth) v Beattie (2017) 270 A Crim R 556

DPP (Cth) v De La Rosa (2010) 79 NSWLR 1

Health Care Complaints Committee v Johnson [2023] NSWCATOD 165

Hili & Jones v The Queen (2010) 204 A Crim R 434

Moiler v R [2021] NSWCCA 73

Parente v R (2017) 270 A Crim R 412

Rasel v R [2022] NSWCCA 239

Sabra v R [2015] NSWCCA 38

Park v The Queen [2021] HCA 37

Greaves v R [2020] NSWCCA 140

Category:Sentence
Parties: Rex
Harley David ARMSTRONG
Representation:

Counsel:
Mr A Bellanto, KC

Solicitors:
Ms E Gordon, Office of the Director of Public Prosecutions (Commonwealth)
Mr Z Tankard, Tankards Law
File Number(s): 2022/351731, 2022/133084, 2022/351762
Publication restriction: No

Judgment

  1. There are two sets of proceedings involving Harley David Armstrong. He appears for sentence in respect of two charges of fraud type offending and he appeals against what is asserted to be the severity of sentence imposed by a Magistrate at the Wagga Wagga Local Court in respect of a number of charges relating to the supply of prohibited drugs. The Commonwealth Director of Public Prosecutions appeared in both sets of proceedings, which were heard simultaneously at the Wagga Wagga District Court on 4 December 2023. For the sake of convenience, I will refer to the fraud matters as the sentence matter and the drug matters as the appeal matter.

  2. In respect of the sentence matter the offender appeared before a Magistrate at the Wagga Wagga Local Court on 19 July 2023 and entered pleas of guilty to two charges, namely that (he):

  1. (sequence 1) between 22 March 2022 and 5 April 2022 dishonestly obtained a financial advantage namely $64,092 from another person, namely the Commonwealth, contrary to s 134.2 of the Criminal Code, 1995 (Cth); and further

  2. (sequence 3) between 9 April 2022 and 16 April 2022, attempted to dishonestly obtain a financial advantage, namely…

Continue reading R (Cth) v Armstrong

Sign in free to access the full text

Details
AGLC
R (Cth) v Armstrong [2023] NSWDC 563
Case
[2023] NSWDC 563
Decision Date

CaseChat Overview and Summary

In the case of R (Cth) v Armstrong, the respondent was found guilty of multiple counts of dishonestly obtaining a financial advantage by submitting false information on business activity statements to obtain GST refunds, as well as attempting to commit fraud against the Commonwealth. The respondent was also found guilty of knowingly participating in the supply of methyl amphetamine. The appeal was against the severity of the sentence imposed by the primary court. The central legal issue before the court was whether the sentence was excessive, taking into account the respondent's personal circumstances, including a history of PTSD, major depressive disorder, and substance abuse. The court was required to balance the gravity of the crimes with the respondent's personal circumstances to determine an appropriate sentence.

The court considered the nature and circumstances of the offences, emphasising the seriousness of defrauding the Commonwealth and trafficking in dangerous substances. However, the court also took into account the respondent's troubled background, including mental health issues and substance abuse, which were deemed to be significant factors in his criminal behaviour. The court examined whether these factors warranted a reduction in the sentence for the purposes of achieving parity with similarly situated offenders. The court concluded that while the offences were serious, the respondent's personal circumstances provided a compelling context that needed to be factored into the sentencing decision.

The court upheld the appeal in part, modifying the sentence to reflect considerations of parity and the commencement date of the sentence and non-parole period. The new sentence was detailed in the judgment, ensuring that the respondent's personal circumstances were appropriately reflected in the final punishment. The court's decision balanced the need for deterrence and denunciation with the principles of justice that require consideration of the individual offender's circumstances. This nuanced approach resulted in a sentence that was both reflective of the gravity of the crimes and considerate of the respondent's personal challenges.

Orders

Orders of the court

Appeal upheld to the extent that the sentence date is backdated to take into account on the issues of parity and the commencement date of the sentence and non-parole period

Sentenced – see paragraphs [125]-[131]

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.