R v Bennett

[2019] ACTSC 152

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Bennett

Citation:

[2019] ACTSC 152

Hearing Date:

24 January 2019

DecisionDate:

24 January 2019

Before:

Burns J

Decision:

See [11]-[12]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – knowingly use a false document to dishonestly obtain a gain – no criminal history – excellent prospects for rehabilitation – not likely to reoffend

Parties:

The Queen (Crown)

Ian William Bennett (Offender)

Representation:

Counsel

C Wanigaratne (Crown)

J Maher (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Kamy Saeedi Law (Offender)

File Number:

SCC 306 of 2018

BURNS J:

1. Mr Bennett, you appear before me today for sentence with respect to one charge, which alleges that on 1 January 2018 you did knowingly use a false document, namely a document purporting to be an ACAT order, with the intention of dishonestly inducing someone else to accept it as genuine and you intended to dishonestly obtain a gain (CC18/08633).

1. You entered a plea of guilty to this charge on 6 December 2018 in the Magistrates Court. The plea was not entered at the earliest opportunity, but I accept, nevertheless, the plea having been entered in the Magistrates Court before committal, that it had significant utilitarian value. In addition to which, I am also satisfied that it demonstrates a degree of remorse on your part for this offence.

1. I will not recite the Statement of Facts. It is sufficient to note that the offence involved you falsifying a quasi-judicial document from the ACAT, with the purpose of using that document to induce a third party to transfer into your name certain points that you had in a scheme in which you and your previous partner were jointly involved, which had accrued to your joint account.

1. Clearly those points were of some value to you, although it is not evident to me the precise monetary value of those points at this time. I am not satisfied that they were of very significant or considerable monetary value.

1. I would assess this particular offence as being towards the bottom end of the range of offences of this nature. I note, however, that the maximum penalty with regard to this offence is 10 years imprisonment, a fine of $150,000 or both.

1. It has been put on your behalf that this offence occurred as a consequence of your frustration or annoyance because of the inability of the proceedings before the ACAT to resolve this issue. In addition to which, you were unable to then resolve the issue in the way that you had thought that you had resolved it in a private agreement between yourself and your former partner.

1. The ACAT was unable to make orders. As I understand the submissions that were made to me, you had then reached some agreement with your former partner about how the matter was to be resolved. Your former partner apparently did not come up to scratch with regard to that agreement. I accept that it was in frustration and annoyance, in those circumstances, that you did what you did.

1. I also accept that at that time you were suffering stress and ill health. I accept that those things contributed to what was essentially a very, and indeed shockingly, poor judgement on your behalf on this occasion.

1. I have a number of testimonials before me which speak of the fact that you are generally a trustworthy person, that you are honest and compassionate. They speak of you having been engaged in community activities for the benefit of others. You are also spoken of as being a loyal employee, a hard worker and of the fact that this behaviour was out of character.

1. I note that you are 58 years of age and you have no previous convictions. I am satisfied that you have excellent prospects for rehabilitation and that you are not likely to reoffend.

1. In my opinion, the appropriate course is to simply impose a conviction with a Good Behaviour Order. In a case such as this a conviction itself is likely to be the greatest punishment that you will suffer.

1. I therefore record a conviction and there will be a Good Behaviour Order for a period of nine months, which I have reduced from 12 months in order to reflect your plea of guilty. I will impose no conditions, other than the core conditions with regard to the matter.

[speaking directly to the offender]

1. Now, undoubtedly, Mr Maher will explain that to you further. What it means is that I have recorded a conviction. You will be required to sign an undertaking to be of good behaviour for a period of nine months from 24 January 2019. If you commit no further offences during that period of nine months then the matter will have been concluded. If, however you commit some further offence within that period of nine months you can be brought back before the Court to be dealt with on a breach of these orders and a further penalty may be imposed.

I certify that the preceding thirteen [13] numbered paragraphs are a true copy of the Reasons for Sentence his Honour Justice Burns.

Associate:

Date: