Local Court
New South Wales
Medium Neutral Citation: R v Julia Demir [2017] NSWLC 27 Hearing dates: 15 September and 27 October 2017 Decision date: 27 October 2017 Jurisdiction: Criminal Before: Magistrate P Stewart Decision: 18 month Intensive Correction Order
Costs order (Criminal Procedure Act 1986 (NSW) s 215)
Restitution Orders (Criminal Procedure Act 1986 (NSW) s 43(1); Victim Rights and Support Act 2013 (NSW) s 97(1))Catchwords: CRIMINAL LAW - Particular offences – Property offences - Dishonestly obtain property by deception – false workers compensation claims – offender not employed – offender not injured – degree of planning – course of criminal conduct – further criminal conduct to dishonestly obtain benefit from second insurer – quantum of loss – consideration of parity issues – need for general deterrence – need for specific deterrence – assumption of sentencing outcome by parties – suspended sentence inappropriate sentencing option Legislation Cited: Crimes Act 1900 (NSW) ss 53A, 192C, 192D, 192E(1)
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5, 7, 12, 44(2B), 44(2C), 53B, 58
Criminal Procedure Act 1986 (NSW) ss 21A(2), 43(1), 215
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) s 134
Victim Rights and Support Act 2013 (NSW) s 97(1)Cases Cited: Cahyadi v R [2007] NSWCCA 1
Green v The Queen; Quinn v The Queen [2011] HCA 49
Jimmy v R [2010] NSWCCA 60
JM v R [2014] NSWCCA 297
McIntosh v R [2015] NSWCCA 184
Pearce v The Queen (1998) 194 CLR 610; 103 A Crim R 372
PG v R [2017] NSWCCA 179
R v de Simoni (1981) 147 CLR 383
R v Doan (2000) 50 NSWLR 115
R v H (1980) 3 A Crim R 53
R v Henry [1999] NSWCCA 111
R v Merrin [2007] NSWCCA 255
R v Purdon (unreported, NSW Court of Criminal Appeal, 27 March 1997)
R v Tadrosse (2005) 65 NSWLR 740
R v Taylor [2000] NSWCCA 442
R v Thompson; R v Houlton [2000] NSWCCA 309
Regina v Van Tung Luu (unreported, NSW Court of Criminal Appeal, 7 December 1984)
Siddiqi v Regina (Commonwealth) [2015] NSWCCA 169
The Queen v Allred [2015] ACTSC 327
Vaovasa v R [2007] NSWCCA 253
WorkCover Authority of New South Wales (Inspector Fester) v Lantry (unreported, Chief Industrial Magistrate’s Court, 9 December 1994)Category: Sentence Parties: State Insurance Regulatory Authority
Julia Demir (defendant)Representation: Counsel:
Mr P Gow (for the prosecution)
Mr M Ainsworth (for the defence)
File Number(s): 2017/00035349
Judgment
The Charges and the Plea
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The offender, Julia Demir, is charged with 2 counts of Obtain Property by Deception contrary to section 192E(1)(a) of the Crimes Act 1900 (NSW). The first count specifies that the offender obtained $27,809.60, the property of CGU Workers Compensation (NSW) Limited. The second count specifies that the offender obtained $11,186.38, the property of Allianz Australia Workers’ Compensation (NSW) Limited. The matters were first before the court on 22 February 2017. Pleas of not guilty were entered. The case was set down for a 3 day…
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- AGLC
- R v Julia Demir [2017] NSWLC 27
- Case
- [2017] NSWLC 27
- Decision Date
CaseChat Overview and Summary
The court examined the extent of Demir's planning and the seriousness of her actions, noting that she had not been employed or injured but had still attempted to obtain benefits dishonestly. The court also considered the broader context of her criminal conduct, including the impact on the insurance system and the need for both general and specific deterrence. The court was further required to address the issue of parity in sentencing, ensuring consistency with similar cases. Given the parties' assumption of a sentencing outcome, the court also assessed the appropriateness of a suspended sentence, ultimately deciding against it.
Following its analysis, the court imposed an 18-month intensive correction order on Demir, reflecting the seriousness of her actions while considering her capacity for rehabilitation. Additionally, the court made orders for costs under the Criminal Procedure Act 1986 (NSW) and restitution under the Criminal Procedure Act 1986 (NSW) and the Victim Rights and Support Act 2013 (NSW), requiring Demir to compensate the affected insurers for the financial losses they incurred.
Orders
Orders of the court
18 month Intensive Correction Order
Costs order (Criminal Procedure Act 1986 (NSW) s 215)
Restitution Orders (Criminal Procedure Act 1986 (NSW) s 43(1); Victim Rights and Support Act 2013 (NSW) s 97(1))
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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