R v Barker

Case [2024] NSWDC 317

District Court


New South Wales

Medium Neutral Citation: R v Barker [2024] NSWDC 317
Hearing dates: 9 November 2023, 2 February 2024 and 23 May 2024
Date of orders: 23 May 2024
Decision date: 23 May 2024
Jurisdiction:Criminal
Before: Scotting DCJ
Decision:

1.   Genevieve Astrid Barker is convicted.

2.   I impose a term of imprisonment of 2 years to date from today.

3. Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (23 May 2024) and expire on 22 May 2026.

4.   The offender must report to the Gosford Community Corrections Office on or before 4pm on 30 May 2024.

5.   The standard conditions of the order apply:

a.   the offender must not commit any offence; and

b.   the offender must submit to supervision by a Community Corrections Officer.

6.   The following additional conditions apply:

a.   the offender must receive treatment for her mental health as reasonably directed by Community Corrections.

Catchwords:

CRIME — Fraud — Dishonestly obtain financial advantage by deception

Legislation Cited:

Crimes Act 1914 (Cth)

Criminal Code (Cth)

Cases Cited:

Bugmy v The Queen (1990) 169 CLR 525

Deakin v The Queen (1984) 58 ALJR 367

Hili v The Queen (2010) 253 CLR 58

Johnson v The Queen (2004) 78 ALJR 616

Mandranis v R [2021] NSWCCA 97

Power v The Queen (1974) 131 CLR 623

R v El Karhani (1990) 21 NSWLR 370

R v Olbrich (1999) 199 CLR 270

R v Zamagias [2002] NSWCA 17

Category:Sentence
Parties: Rex (Crown)
Genevieve Barker (Offender)
Representation:

Counsel:
J O’Sullivan (Offender)

Solicitors:
Commonwealth Director of Public Prosecutions (Crown)
David Kelly Lawyers (Offender)
File Number(s): 2022/213436
Publication restriction: None

JUDGMENT

Introduction

  1. Genevieve Astrid Barker (the offender) appears for sentence after pleading guilty in the Local Court to an offence that between about 29 May 2015 and 4 December 2020 she did obtain a financial advantage from the Commonwealth by deception, namely carer payments in the sum of $132,520.68 and a carer allowance in the sum of $21,838.87, contrary to s 134.2(1) of the Criminal Code (Cth).

  2. The maximum penalty for the offence is 10 years imprisonment.

Approach to Sentencing

  1. To the extent that I make findings of fact adverse to the offender, I am satisfied of that fact beyond reasonable doubt. To the extent that I make findings of fact favourable to the offender, I am satisfied of that fact on the balance of probabilities: R v Olbrich (1999) 199 CLR 270 at [27] (Gleeson CJ, Gaudron, Hayne and Callinan JJ).

  2. I must have regard to Part IB Crimes Act 1914 (Cth) (the Act) in passing sentence and in particular the matters provided for in section 16A of that Act.

  3. A court determining a sentence in respect of any person for a Federal offence must impose a sentence that is of a severity appropriate in all the circumstances: section 16A(1) of the Act. The Court must…

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Details
AGLC
R v Barker [2024] NSWDC 317
Case
[2024] NSWDC 317
Decision Date

CaseChat Overview and Summary

In the District Court of New South Wales, Genevieve Astrid Barker was convicted on a charge of fraudulently obtaining a financial advantage by deception. Barker, who had a history of mental health issues, had obtained money from various individuals by falsely claiming to be in urgent need of funds due to personal crises. The deception was discovered when some of the victims attempted to verify Barker’s claims and found that they were false. The court was required to determine whether Barker had the requisite intent to deceive and whether the deception resulted in a financial advantage being obtained.

The primary legal issue before the court was whether Barker had the necessary intent to commit the fraud. Additionally, the court needed to assess the extent of Barker’s mental health issues and how they might impact her culpability. The prosecution argued that despite her mental health issues, Barker had deliberately deceived the victims for personal gain. The defence contended that Barker’s mental health issues significantly impaired her ability to form the requisite intent to commit fraud.

The court found that Barker had deliberately deceived the victims and obtained a financial advantage through her actions. While acknowledging Barker’s mental health issues, the court determined that these did not absolve her of criminal responsibility. The sentencing focused on the need to deter similar conduct and to provide some measure of punishment. Consequently, the court imposed a term of imprisonment of two years, to be served as an Intensive Corrections Order. Barker was also required to report to the Gosford Community Corrections Office and adhere to the standard and additional conditions imposed by the court, including treatment for her mental health.

Orders

Orders of the court

1. Genevieve Astrid Barker is convicted.

2. I impose a term of imprisonment of 2 years to date from today.

3. Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (23 May 2024) and expire on 22 May 2026.

4. The offender must report to the Gosford Community Corrections Office on or before 4pm on 30 May 2024.

5. The standard conditions of the order apply:

a. the offender must not commit any offence; and

b. the offender must submit to supervision by a Community Corrections Officer.

6. The following additional conditions apply:

a. the offender must receive treatment for her mental health as reasonably directed by Community Corrections.

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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