R (Cth) v Grewal - [2021] NSWDC 360

District Court

New South Wales

Medium Neutral Citation: R (Cth) v Grewal [2021] NSWDC 360
Hearing dates: 11-12 March 2021
Date of orders: 12 March 2021
Decision date: 12 March 2021
Jurisdiction: Criminal
Before: Neilson DCJ
Decision:
ICO for 1 year 6 months. Ordered to pay reparation of $365,922.09.
25% discount for plea of guilty.

Catchwords:
CRIME - SENTENCE - Pharmacist defrauding PBS with false claims for prescriptions.

Legislation Cited:
Crimes Act 1914
Crimes (Sentencing Procedure) Act 1999
Criminal Code (Cth)

Cases Cited:
Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1
DPP v Golic [2014] VSCA 355
DPP (Cth) v Phan [2016] VSCA 170
El Rakhawy v The Queen [2011] WASCA 209; (2011) 2014 A Crim R 124
Imbornone v R [2017] NSWCCA 144
R v Buckman [2016] QCA 176
R v Holdsworth [1993] QCA 242

Category: Sentence
Parties: Regina (Cth) – Crown
Sabrina Grewal - Offender
Representation: Crown:
T. McMinn
Office of the Commonwealth Director of Public Prosecutions
Offender:
P. Boulten SC
P. Musgrave (Musgrave Legal)

File Number(s): 2020/00091041
Publication restriction: Nil.

Judgment

HIS HONOUR: Sabina Grewal stands for sentence as a consequence of pleading guilty to a charge that between 24 November 2015 and 24 August 2018 at Lindfield in this State, she engaged in a course of conduct involving the lodgement of fraudulent PBS claims for prescriptions containing false information and without the item being supplied to the patient or an authorised person with the intention of dishonestly obtaining a gain from another person, namely, the Department of Health, which is a Commonwealth entity, contrary to section 135.1 (1) of the Criminal Code (Cth). That is an offence which is punishable by imprisonment for up to five years and or a pecuniary fine, I am told, of $54,000.
The offender also asks me to take into consideration on a Form pursuant to section 16BA of the Crimes Act 1914 a similar offence that occurred between 25 August 2018 and 2 May 2019. Had that offence been separately charged it carries a maximum penalty of 10 years’ imprisonment and or a pecuniary fine double the size of the pecuniary fine for the principal offence.
At all material times the offender was a pharmacist having a degree in pharmacy from the University of Sydney. The offender commenced a pharmacy graduate training programme in 2000. In December of that year she completed that training and became a qualified pharmacist. On 6 October 2015 the offender became the proprietor of the Lindfield Pharmacy at Lindfield. She was a sole trader. The pharmacy is located at 316 Pacific Highway, Lindfield. Between 27 November 2015 and 1 May 2019, the offender submitted fraudulent PBS claims containing false information and received PBS payments to the total value of $365,922.09. There is no dispute that she was not entitled to any of that money.
In regard to the offence to which she has pleaded guilty, the offender approved 454 fraudulent PBS claims for prescriptions…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R (Cth) v Grewal

Details

AGLC: R (Cth) v Grewal [2021] NSWDC 360
Case: [2021] NSWDC 360
Decision Date: 12 March 2021

CaseChat Overview and Summary

The case of R (Cth) v Grewal involved the Commonwealth of Australia as the plaintiff and Grewal, a pharmacist, as the defendant. The defendant was charged with defrauding the Pharmaceutical Benefits Scheme (PBS) by making false claims for prescriptions. This case was heard in the Federal Court of Australia. The Commonwealth sought an appropriate sentence and reparation for the financial loss caused by Grewal’s fraudulent activities.

The primary legal issues in this case revolved around the appropriate sentencing for the defendant’s actions and the calculation of reparation. The court had to consider the severity and impact of Grewal’s fraudulent activities, as well as the principles of justice, deterrence, and rehabilitation in determining the sentence. Additionally, the court needed to assess the financial loss caused by Grewal’s actions to determine the appropriate amount of reparation.

In delivering its judgment, the court took into account the seriousness of the offence, the defendant's role as a pharmacist, and the significant financial loss incurred by the PBS. The court acknowledged the defendant's early guilty plea, which resulted in a 25% discount on the sentence. After considering these factors, the court imposed an imprisonment term of one year and six months. Furthermore, the court ordered Grewal to pay reparation in the amount of $365,922.09 to compensate for the financial loss caused by his fraudulent activities.

In summary, the court found Grewal guilty and imposed a sentence of one year and six months imprisonment, along with an order to pay reparation of $365,922.09. The court's decision reflects the seriousness of the offence and the need to deter similar conduct in the future.

Orders

Orders of the court

ICO for 1 year 6 months. Ordered to pay reparation of $365,922.09.

25% discount for plea of guilty.

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

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R (Cth) v Grewal [2021] NSWDC 360
Hearing dates:	11-12 March 2021
Date of orders:	12 March 2021
Decision date:	12 March 2021
Jurisdiction:	Criminal
Before:	Neilson DCJ
Decision:	ICO for 1 year 6 months. Ordered to pay reparation of $365,922.09. 25% discount for plea of guilty.
Catchwords:	CRIME - SENTENCE - Pharmacist defrauding PBS with false claims for prescriptions.
Legislation Cited:	Crimes Act 1914 Crimes (Sentencing Procedure) Act 1999 Criminal Code (Cth)
Cases Cited:	Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1 DPP v Golic [2014] VSCA 355 DPP (Cth) v Phan [2016] VSCA 170 El Rakhawy v The Queen [2011] WASCA 209; (2011) 2014 A Crim R 124 Imbornone v R [2017] NSWCCA 144 R v Buckman [2016] QCA 176 R v Holdsworth [1993] QCA 242
Category:	Sentence
Parties:	Regina (Cth) – Crown Sabrina Grewal - Offender
Representation:	Crown: T. McMinn Office of the Commonwealth Director of Public Prosecutions Offender: P. Boulten SC P. Musgrave (Musgrave Legal)
File Number(s):	2020/00091041
Publication restriction:	Nil.