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R v Allred

R v Allred

Case [2015] ACTSC 327 13 October 2015

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SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	The Queen v Allred
Citation:	[2015] ACTSC 327
Hearing Date(s):	8 October 2015
DecisionDate:	13 October 2015
Before:	Refshauge ACJ
Decision:	1. Jon Allred be convicted of between 8 February 2009 and 9 December 2010 by deception, dishonestly obtaining financial advantage from a Commonwealth entity, namely Comcare. 2. Jon Allred be sentenced to two years imprisonment from today, 13 October 2015. 3. Jon Allred be released on 12 January 2016 after serving three months, upon giving security in the sum of $2,500 to be of good behaviour for a period of three years, and that he be subject to the supervision of the Director‑General or her delegate and obey all reasonable directions of the person supervising him. 4. Under s 21B of the Crimes Act 1914 (Cth), Jon Allred make reparation to Comcare by paying the sum of $64,418.62. 5. Under s 3ZL of the Crimes Act 1914 (Cth), a constable of police be permitted to attend on Jon Allred at the Alexander Maconochie Centre on or before 12 November 2015 to allow impression of his fingerprints to be taken in accordance with that Act.
Catchwords:	CRIMINAL LAW – Jurisdiction, practice and procedure – judgment and punishment – sentencing – obtaining financial advantage by deception – Comcare – workers compensation benefits – self-reporting – false declaration – failure to declare income – overpayment – general deterrence – reparation order
Legislation Cited:	Crimes Act 1914 (Cth), ss 16A, 21B, s 3ZL Criminal Code Act 1995 (Cth), s 134.1 Safety, Rehabilitation and Compensation Act 1988 (Cth)
Cases Cited:	Cameron v The Queen (2002) 209 CLR 339 Director of Public Prosecutions (Cth) v Alateras [2004] VSCA 214 Director of Public Prosecutions (Cth) v Carter [1998] 1 VR 601 Director of Public Prosecutions (Cth) v El Karhani (1990) 21 NSWLR 370 Director of Public Prosecutions v Ip [2005] ACTCA 24 Gunes v Pearson (1996) 89 A Crim R 297 Hameed (2001) 123 A Crim R 213 Hayes v The Queen [2014] VSCA 309 Markarian v The Queen (2005) 228 CLR 357 Pont (2000) 121 A Crim R 302 R v Anderson [2012] QCA 215 R v Brewer [2004] ACTCA 10 R v Calma (Unreported, Supreme Court of the Northern Territory, Mildren J, SCC 21008445, 30 July 2010) R v Fisher (Unreported, Supreme Court of the Australian Capital Territory, Murrell CJ, SCC 194 of 2013, 17 December 2013) R v Hinton (2002) 134 A Crim R 286 R v Host [2015] WASCA 23 R v Peterson [2008] QCA 70 R v Richards [2015] ACTSC 206 R v Scerri (Unreported, Supreme Court of the Australian Capital Territory, Nield AJ, SCC 348 of 2010, 18 February 2011) R v Steen [2015] ACTSC 259 R v West [2015] ACTSC 134 Stitt (1998) 102 A Crim R 428 Togias (2001) 127 A Crim R 23
Parties:	The Queen (Crown) Jon Allred (Defendant)
Representation:	Counsel Mr T Shepherd (Crown) Mr A Fraser (Defendant)
Solicitors Commonwealth Director of Public Prosecutions (Crown)

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 v Allred

Details

AGLC: R v Allred [2015] ACTSC 327
Case: [2015] ACTSC 327
Decision Date: 13 October 2015

CaseChat Overview and Summary

In the Federal Court of Australia, the case of R v Allred was presented involving Jon Allred, who was charged with obtaining financial advantage by deception from a Commonwealth entity, Comcare. Allred was accused of dishonestly receiving workers compensation benefits over a period spanning from 8 February 2009 to 9 December 2010 through the omission of certain income details, thereby overstating his entitlement to benefits. The legal issues central to the case revolved around the determination of the offence, the appropriate sentencing considering the nature and circumstances of the deception, and the application of a reparation order under the relevant sections of the Crimes Act 1914 (Cth).

The court was tasked with confirming the conviction based on the evidence of Allred's self-reporting and subsequent admission of his failure to declare income, which led to an overpayment from Comcare. The court meticulously examined the evidence presented, including Allred's own admissions and the documentation supporting the overpayment. The legal framework guiding the court's decision included provisions related to obtaining financial advantage by deception and the principles of general deterrence and reparation.

The Federal Court found Allred guilty and sentenced him to two years imprisonment, with a non-parole period of three months. The court also ordered Allred to pay a reparation sum of $64,418.62 to Comcare. The sentencing was influenced by the significant overpayment amount and the need to uphold the integrity of the workers compensation system. Furthermore, Allred was to be released on 12 January 2016, subject to conditions including good behaviour and supervision by the Director-General. The court also mandated that Allred's fingerprints be taken upon his release, in compliance with statutory requirements.

Orders

Orders of the court

1. Jon Allred be convicted of between 8 February 2009 and 9 December 2010 by deception, dishonestly obtaining financial advantage from a Commonwealth entity, namely Comcare.

2. Jon Allred be sentenced to two years imprisonment from today, 13 October 2015.

3. Jon Allred be released on 12 January 2016 after serving three months, upon giving security in the sum of $2,500 to be of good behaviour for a period of three years, and that he be subject to the supervision of the Director‑General or her delegate and obey all reasonable directions of the person supervising him.

4. Under s 21B of the Crimes Act 1914 (Cth), Jon Allred make reparation to Comcare by paying the sum of $64,418.62.

5. Under s 3ZL of the Crimes Act 1914 (Cth), a constable of police be permitted to attend on Jon Allred at the Alexander Maconochie Centre on or before 12 November 2015 to allow impression of his fingerprints to be taken in accordance with that Act.

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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Citations

R v Allred [2015] ACTSC 327

Most Recent Citation

R v Be [2018] ACTSC 101

Cases Citing This Decision

R v Stephens (No 2) [2022] ACTSC 335
Citation 1 (Para 1)

…lly provided a range of cases said to be comparable to the present. Of those I have found the following cases to be of assistance: The Queen v Allred [2015] ACTSC 327; R v BE [2018] ACTSC 101; R v McMahon [2019] ACTSC 25; R v Woods; R v Matthews; R v Matthews [2019] ACTSC 33; R v McDougall [2021] ACTSC 102; Zaky v…
Mooney v The Queen [2018] ACTCA 24
Citation 2

…TSC 134 R v Wheeler [2000] NSWCCA 34 R v Woodman [2001] NSWCCA 310 Samani v The Queen [2017] ACTCA 23 SW v R [2013] NSWCCA 103 The Queen v Allred [2015] ACTSC 327 Truong v R; R v Le; Nguyen v R; R v Nguyen [2013] NSWCCA 36 Wong v The Queen [2001] HCA 64; 207 CLR 584 Zdravkovic v The Queen [2016] ACTCA 53…
R v Be [2018] ACTSC 101
Citation 3 (Para 1)

…In R v Allred [2015] ACTSC 327 the offender pleaded guilty to one charge under s 134.2(1). He was 53 years old and had adult children. He had a minor criminal history. He had claimed Comcare benefits for 22 months while concealing that he was employed as a taxi driver. He received a sentence of two years imprisonme…
R v Julia Demir [2017] NSWLC 27
Citation 4 (Para 48)

…The prosecutor refers this court to The Queen v Allred [2015] ACTSC 327 which involved a fraud on the Commonwealth workers compensation scheme. At [36], Refshauge ACJ referred to R v Purdon (unreported, NSW Court of Criminal Appeal, 27 March 1997) where the NSW Court of Criminal Appeal reaffirmed the statement of p…
R v Toumo'ua [2017] ACTCA 9
Citation 5 (Para 1)

…such as those in question, sentencing purposes of general deterrence and denunciation should have been reflected in more severe sentences: R v Allred [2015] ACTSC 327 at [40]–[41]; R v Pantano (1990) 49 A Crim R 328 at 330.…
Miles v The Queen [2016] ACTCA 54
Citation 6

…70; 166 CLR 59 Munro v The Queen [2014] ACTCA 11 Pearce v The Queen [1998] HCA 57; 194 CLR 610 R v Abbott [2007] VSCA 32; 170 A Crim R 306 R v Allred [2015] ACTSC 327 R v Diamond (Unreported, Supreme Court of the ACT, Nield AJ, 29 October 2010) R v Massey [2015] QCA 254 R v Melkie (Unreported, Supreme Court of the…

See all citing cases →

Cases Cited

R v Steen [2015] ACTSC 259
Citation 1 (Para 1)

…I have also been asked to make a reparation order, available under s 21B of the Crimes Act . I have set out the relevant principles in R v Steen [2015] ACTSC 259 at [51]-[52]. Given that Mr Allred has accepted that obligation and has prospects of employment, I am prepared to make the order.…
R v Richards [2015] ACTSC 206
Citation 2 (Para 1)

…Finally, in R v Richards [2015] ACTSC 206, Murrell CJ sentenced Mr Richards for two counts of dishonestly obtaining a financial advantage by deception and two counts of using a false document to induce a public official to accept it as genuine. This was an extensive tax fraud through the GST system, from which Mr R…
R v West [2015] ACTSC 134
Citation 3 (Para 1)

…m the Commonwealth covers a wide range of circumstances and, indeed, various other legislation creates similar offences, as I pointed out in R v West [2015] ACTSC 134 at [49]:…
R v Host [2015] WASCA 23
Citation 4 (Para 1)

…rime. The Commonwealth is the victim and through it all citizens are affected by the improper payment away of its funds. As McLure P said in R v Host [2015] WASCA 23 at [24]:…
Hayes v The Queen [2014] VSCA 309
Citation 5 (Para 1)

…The Victorian case of Hayes v The Queen [2014] VSCA 309 was also mentioned. In that case, Ms Hayes pleaded guilty to two charges of dishonestly obtaining financial advantage by deception from a Commonwealth entity and one count of attempting to do so. Ms Hayes received a total of $102,997.60 over a period of eight…
Barbaro v The Queen [2014] HCA 2
Citation 6 (Para 40)

…ics are only a yardstick against which the sentencing court compares sentences that it may have in mind: Barbaro v The Queen; Zirilli v The Queen (2014) 253 CLR 58 at [40].…
R v Anderson [2012] QCA 215
Citation 7 (Para 1)

…The Queensland case of R v Anderson [2012] QCA 215 was a quite different matter in many ways, but involved ten offences of what was described a tax fraud arising out of false claims for refunds of GST. The amount obtained was $53,000, of which $32,000 had been recovered, and an attempt was made to claim a further…
R v Peterson [2008] QCA 70
Citation 8 (Para 1)

…(at [36]), attest to this. The Crown submitted that this was an offence of greed and not need. It referred to the comment of Keane JA in R v Peterson [2008] QCA 70 at [22], that, "[p]unishment must be such as to make it clear that defrauding the community, even for large amounts of money, is not worthwhile."…
DPP (Cth) v Rowson [2007] VSCA 176
Citation 9 (Para 1)

…In this context it is worth remembering what President Winneke said in Director of Public Prosecutions (Cth) v Carter [1998] 1 VR 601 at 605-6:…
Director of Public Prosecutions v Ip [2005] ACTCA 24
Citation 10 (Para 1)

…ional; see also R v Hinton (2002) 134 A Crim R 286 at 293; [31]. That may not be the position in this Territory: Director of Public Prosecutions v Ip [2005] ACTCA 24.…
Markarian v The Queen [2005] HCA 25
Citation 11 (Para 1)

…seriousness of an offence. One, of course, is the maximum penalty for a statutory offence, which is identified in cases such as Markarian v The Queen (2005) 228 CLR 357 at 732; [30]-[31]. The maximum penalty for such an offence is an indication of the relative seriousness of the offence. The courts are required to pa…
DPP (Cth) v Alateras [2004] VSCA 214
Citation 12 (Para 1)

…That approach was more recently affirmed by Nettle J in Director of Public Prosecutions (Cth) v Alateras [2004] VSCA 214 at [21].…
R v Brewer [2004] ACTCA 10
Citation 13 (Para 1)

…d as to the way in which the offence would be more easily committed because of Mr Allred's character. On the other hand, as pointed out in R v Brewer [2004] ACTCA 10 at [19], many persons charged with such an offence as fraud on the Commonwealth are first offenders with otherwise good character.…
Cameron v the Queen [2002] HCA 6
Citation 14 (Para 1)

…is taken into account, not just as evidence of remorse, but also for its utilitarian value in facilitating the course of justice: Cameron v The Queen (2002) 209 CLR 339 at 343; [14]. In this case, Mr Allred pleaded at an early stage in the Magistrates Court and an early plea entitles him to a significant discount if…
R v Whitnall [1993] FCA 271
Citation 15

…the facts, as found, in each case. Ritual incantations, such as “serious frauds on the revenue will result in custodial sentences” ( R v Whitnall (1993) 42 FCR 512 at 519) are of little practical value...…
Zirilli v The Queen [2014] HCA 212
Citation 16

…, sentencing statistics are only a yardstick against which the sentencing court compares sentences that it may have in mind: Barbaro v The Queen; Zirilli v The Queen (2014) 253 CLR 58 at [40].…

Legislation Cited

Crimes Act 1914 (Cth) 16A, 21B
3 mentions (from Para 1)
Criminal Code Act 1995 (Cth)
2 mentions (from Para 1)
Safety, Rehabilitation and Compensation Act 1988 (Cth)
1 mention (from Para 1)