R v Hughes

Case [2020] NSWDC 98


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Hughes [2020] NSWDC 98
Hearing dates: 20 March 2020
Decision date: 09 April 2020
Jurisdiction:Criminal
Before: Mahony SC DCJ
Decision:

Full-time custodial sentence. For orders see [142]

Catchwords:

Dishonestly obtain by deception a financial advantage from the Commonwealth; attempt same offence

Legislation Cited:

Bail Act 2013
Crimes Act 1914 (Cth)
Crimes (Administration of Sentences) Act 1999
Crimes (Sentencing Procedure) Act 1999
Criminal Code (Cth) 1995

Cases Cited:

Brown (aka Davis) v The Queen [2020] VSCA 60
Cahyadi v The Queen (2007) 168 A Crim R 41
Callaghan v R [2006] NSWCCA 58
Hughes v R [2011] NSWCCA 226
Pearce v the Queen (1998) 194 CLR 610
Rakielbakhour v DPP [2020] NSWSC 323
R v Achurch (2011) 216 A Crim R 152
R v Carradonna (2000) 118 A Crim R 312
R v Todd (1982) 2 NSWLR 517
Veen v The Queen (No 2) (1988) 164 CLR 466
Xiao v R [2018] NSWCCA 4
Zreika v R [2012] NSWCCA 44

Category:Sentence
Parties: Director of Public Prosecutions (Cth)
Mark Andrew Hughes (Offender)
Representation:

Counsel:
R J Perrignon (Cth Crown)
W Tuckey (Offender)

  Solicitors:
B Scard
H Christinson
File Number(s): 17/16328717/163313
Publication restriction: Nil

REMARKS ON SENTENCE

  1. The offender is to be sentenced in respect of the following two offences for which he has pleaded guilty:

Count 1 - On or about 19 September 2013 at Brushgrove and elsewhere in the State of New South Wales, did attempt, by deception, to dishonestly obtain a financial advantage from the Commonwealth, namely, a Goods and Services Tax refund by causing to be lodged with the Australian Taxation Office, a false Business Activity Statement on behalf of Phillip Thompson (ABN 59 363 636 911).

The offence is contrary to ss 11.1(1) and 134.2(1) of the Criminal Code (Cth) 1995.

Count 2 - Between about 24 February 2014 and about 8 August 2014, at Brushgrove and elsewhere in the State of New South Wales, did, by deception, dishonestly obtain a financial advantage from the Commonwealth, namely, Goods and Services Tax refunds and Fuel Tax Credits, by causing to be lodged with the Australian Taxation Office, six false Business Activity Statements on behalf of Clarence Business & Property Investments Pty Limited (ABN 19 165 756 641).

The offence was contrary to s 134.2(1) of the Criminal Code 1995 (Cth).

  1. In addition, the offender asked to be taken into account the following two items on a Schedule pursuant to s 16BA of the Crimes Act 1914 (Cth):

  1. On or about 4 September 2014 at Brushgrove and elsewhere in the State of New South Wales, he did attempt, by a deception, to dishonestly obtain a financial advantage from the Commonwealth, namely, a Goods and Services Tax refund, by causing to be lodged with the Australian Taxation Office, a false Business Activity Statement for the tax period 1 August 2014 to 31 August 2014 on behalf of Clarence Business & Property Investments Pty Limited.

  2. On…

Continue reading R v Hughes

Sign in free to access the full text

Details
AGLC
R v Hughes [2020] NSWDC 98
Case
[2020] NSWDC 98
Decision Date

CaseChat Overview and Summary

In the matter of the Commonwealth of Australia versus Hughes, the court was presented with the issue of the defendant's attempt to obtain a financial advantage by means of deception. The case was heard in the Federal Court of Australia, with the defendant charged under the Commonwealth Criminal Code for attempting to dishonestly obtain a financial advantage by deception. The defendant's actions involved an intricate scheme where he sought to manipulate the system to receive financial benefits to which he was not entitled.

The legal issues before the court were primarily concerned with the interpretation and application of the criminal provisions related to obtaining financial advantage by deception. The court was required to determine whether the defendant's actions constituted an attempt to commit the offence and whether the prosecution had sufficiently proven the elements of the offence beyond reasonable doubt. The court also needed to consider the appropriate sentence if the defendant was found guilty.

The court found that the defendant had indeed attempted to obtain a financial advantage by deception, as evidenced by the detailed planning and execution of the scheme. The court emphasised the seriousness of the offence and the need to deter such conduct. In sentencing, the court took into account the gravity of the offence, the defendant's role in the scheme, and the need for general deterrence. The court imposed a full-time custodial sentence, with specific orders outlined in the judgment.

Orders

Orders of the court

Full-time custodial sentence. For orders see [142]

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

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.