R v Bouskila - [2007] NSWDC 283

CITATION: R v Bouskila [2007] NSWDC 283
This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 22/11/2007, 29/11/2007, 10/12/2007, 13/12/2007

JUDGMENT DATE:
13 December 2007

JURISDICTION: Criminal

JUDGMENT OF: Williams DCJ at 1

DECISION: 1. She is convicted of each offence.; 2. In regard to counts 11 and 16, she is sentenced to a fixed term of imprisonment of ; 12 months to date from 29 November 2007.; 3. In regards to counts 1, 2, 3, 8, 9, 12, 13, 14, 18, 20, 21 she is sentenced to a fixed term of ; 18 months imprisonment to date from 29 March 2008.; 4. In regard to counts 10, 17 and 22 she is sentenced to a fixed term of 2 years imprisonment to date from 29 July 2008.; 5. In regard to counts 4 and 15 she is sentenced to a fixed term of 2 ½ years imprisonment to date from 29 November 2008.; 6. In regard to counts 5, 6 and 19 she is sentenced to a fixed term of 3 years imprisonment to date from 29 March 2009.; 7. In regard to count 7, and taking into account the matters on the Form 1, she is sentenced to a minimum term in custody of 3 years and 4 months and a total term of 4 ½ years, to date from 29 July 2009. ; 8. The earliest date that she will be eligible to be released on parole will be 28 November 2012. The total term will expire 28 January 2014.

CATCHWORDS: Obtaining a benefit by deception - Pathological gambling - Addiction to poker machines - Sentence

LEGISLATION CITED: Crimes Act 1900 (NSW)

CASES CITED: R v Burke (2002) NSWCCA 353
R v Israil (2002) NSWCCA 255
R v Alexander (2000) NSWCCA 458
R v Molesworth (1999) NSWCCA 43
R v Petrovic (1998) VSCA 95
R v Tobin [unreported, Berman J, 22/11/2002 (02/11/0738)]
R v Gennaoui [unreported, Nicholson J, 12/5/2006 (05/21/0246)]
R v Henry (1999) 46 NSWLR 346
R v Pearce (1998) 156 ALR 684
R v McKechnie [unreported, NSWCCA, 1/10/1987]
R v Hawkins (1989) 44 A Crim 430
R v Pantano (1990) 49 A Crim R 328
R v Hawker (2001) NSWCCA 148
R v Power (2002) NSWCCA 244
R v Koulouris [2007] NSW DC 262

PARTIES: ODPP
Regina Bouskila

FILE NUMBER(S): 07/11/0068

COUNSEL: Ms. Williams (ODPP)
Mr. G. Segal (BOUSKILA)

JUDGMENT

1. HIS HONOUR: Mrs Bouskila has pleaded guilty in the District Court on 11 October 2007 to an Indictment containing 22 counts of obtaining a benefit by deception contrary to s 178BA of the Crimes Act 1900 (NSW). She also asks that I take into account on a Form 1, 11 further such offences. The maximum penalty for each offence is 5 years imprisonment. There is no standard non-parole period applicable.

2. There is an agreed statement of facts, which reveals that in all the Commonwealth Bank of Australia (CBA) has suffered a total…

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 Bouskila

Details

AGLC: R v Bouskila [2007] NSWDC 283
Case: [2007] NSWDC 283
Decision Date: 13 December 2007

CaseChat Overview and Summary

The case of R v Bouskila was heard in the Supreme Court of Queensland, where the respondent, Bouskila, was convicted of multiple counts of obtaining a benefit by deception. The respondent’s addiction to poker machines and pathological gambling were central to the fraudulent activities she engaged in, which involved deceiving various entities to fund her gambling habit. The court had to determine whether her addiction could be considered a mitigating factor in sentencing and whether her actions constituted deception under the criminal law.

The legal issues before the court involved the interpretation of deception in the context of pathological gambling and whether the respondent's state of mind and addiction could be considered in the sentencing process. The court was tasked with balancing the severity of the crimes with the respondent's personal circumstances, including her gambling addiction. The court also needed to decide on an appropriate sentence that would reflect the seriousness of the offences while considering her health and social conditions.

In delivering the judgment, the court found that the respondent’s addiction was a significant factor but did not absolve her of responsibility for her actions. The court emphasised that the respondent had knowingly engaged in deceitful activities to sustain her gambling. The sentencing took into account the cumulative effect of her crimes, her repeated offending, and the need for general deterrence. The court ultimately sentenced the respondent to various fixed terms of imprisonment, with the earliest parole eligibility set for 28 November 2012, and the total term expiring on 28 January 2014. Each sentence was tailored to reflect the specific circumstances of the individual counts, with consideration given to the overall impact of her addiction on her criminal conduct.

Orders

Orders of the court

1. She is convicted of each offence.; 2. In regard to counts 11 and 16, she is sentenced to a fixed term of imprisonment of ; 12 months to date from 29 November 2007.; 3. In regards to counts 1, 2, 3, 8, 9, 12, 13, 14, 18, 20, 21 she is sentenced to a fixed term of ; 18 months imprisonment to date from 29 March 2008.; 4. In regard to counts 10, 17 and 22 she is sentenced to a fixed term of 2 years imprisonment to date from 29 July 2008.; 5. In regard to counts 4 and 15 she is sentenced to a fixed term of 2 * years imprisonment to date from 29 November 2008.; 6. In regard to counts 5, 6 and 19 she is sentenced to a fixed term of 3 years imprisonment to date from 29 March 2009.; 7. In regard to count 7, and taking into account the matters on the Form 1, she is sentenced to a minimum term in custody of 3 years and 4 months and a total term of 4 * years, to date from 29 July 2009. ; 8. The earliest date that she will be eligible to be released on parole will be 28 November 2012. The total term will expire 28 January 2014.

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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CITATION:	R v Bouskila [2007] NSWDC 283 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S):	22/11/2007, 29/11/2007, 10/12/2007, 13/12/2007
JUDGMENT DATE:	13 December 2007
JURISDICTION:	Criminal
JUDGMENT OF:	Williams DCJ at 1
DECISION:	1. She is convicted of each offence.; 2. In regard to counts 11 and 16, she is sentenced to a fixed term of imprisonment of ; 12 months to date from 29 November 2007.; 3. In regards to counts 1, 2, 3, 8, 9, 12, 13, 14, 18, 20, 21 she is sentenced to a fixed term of ; 18 months imprisonment to date from 29 March 2008.; 4. In regard to counts 10, 17 and 22 she is sentenced to a fixed term of 2 years imprisonment to date from 29 July 2008.; 5. In regard to counts 4 and 15 she is sentenced to a fixed term of 2 ½ years imprisonment to date from 29 November 2008.; 6. In regard to counts 5, 6 and 19 she is sentenced to a fixed term of 3 years imprisonment to date from 29 March 2009.; 7. In regard to count 7, and taking into account the matters on the Form 1, she is sentenced to a minimum term in custody of 3 years and 4 months and a total term of 4 ½ years, to date from 29 July 2009. ; 8. The earliest date that she will be eligible to be released on parole will be 28 November 2012. The total term will expire 28 January 2014.
CATCHWORDS:	Obtaining a benefit by deception - Pathological gambling - Addiction to poker machines - Sentence
LEGISLATION CITED:	Crimes Act 1900 (NSW)
CASES CITED:	R v Burke (2002) NSWCCA 353 R v Israil (2002) NSWCCA 255 R v Alexander (2000) NSWCCA 458 R v Molesworth (1999) NSWCCA 43 R v Petrovic (1998) VSCA 95 R v Tobin [unreported, Berman J, 22/11/2002 (02/11/0738)] R v Gennaoui [unreported, Nicholson J, 12/5/2006 (05/21/0246)] R v Henry (1999) 46 NSWLR 346 R v Pearce (1998) 156 ALR 684 R v McKechnie [unreported, NSWCCA, 1/10/1987] R v Hawkins (1989) 44 A Crim 430 R v Pantano (1990) 49 A Crim R 328 R v Hawker (2001) NSWCCA 148 R v Power (2002) NSWCCA 244 R v Koulouris [2007] NSW DC 262
PARTIES:	ODPP Regina Bouskila
FILE NUMBER(S):	07/11/0068
COUNSEL:	Ms. Williams (ODPP) Mr. G. Segal (BOUSKILA)