R v Lovel

[2007] QCA 281

SUPREME COURT OF QUEENSLAND

CITATION:

R v Lovel [2007] QCA 281

PARTIES:

R
v
LOVEL, Michelle Lynette 

(applicant)

FILE NO/S:

CA No 132 of 2007

DC No 301 of 2007

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Beenleigh

DELIVERED EX TEMPORE ON:

27 August 2007

DELIVERED AT:

Brisbane

HEARING DATE:

27 August 2007

JUDGES:

McMurdo P, Wilson and Philippides JJ

Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for leave to appeal against sentence refused

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – GENERALLY – where the applicant was convicted of defrauding the Commonwealth and obtaining a financial advantage by deception – where the applicant was sentenced to three and a half years imprisonment to be served concurrently with a recognisance release order directing release after nine months on a three year good behaviour bond – where counsel for the applicant contended that there were exceptional circumstances which warranted that no period of actual custody be served – whether the sentence imposed was manifestly excessive

Crimes Act 1914 (Cth), s 21(a), s 29D, s 16IA
Criminal Code (Cth), s 134.2

R v Hassarati [2005] QCA 102, CA No 417 of 2004, 11 March 2005, considered
R v Holdsworth [1993] QCA 242, CA No 94 of 1993, 22 June 1993, considered
R v Hurst [2005[ QCA 25, CA No 387 of 2004, 14 February 2005, considered

R v Wright (1994) 74 A Crim R 152, considered

COUNSEL:

A J Kimmins for the applicant

G Rice for the respondent

SOLICITORS:

Price & Roobottom Solicitors for the applicant

Director of Public Prosecutions (Commonwealth) for the respondent

THE PRESIDENT:  Justice Philippides will deliver her reasons first.

PHILIPPIDES J: The applicant Michelle Lovel was convicted on 17 May 2007 on her plea to one count of defrauding the Commonwealth pursuant to s 29D of the Crimes Act 1914 (Cth) and one count of obtaining a financial advantage by deception pursuant to s 134.2(1) of the Commonwealth Criminal Code.  Concurrent sentences were imposed of three and a half years’ imprisonment with a recognisance release order directing release after nine months on a three year good behaviour bond.

The offences arise from the applicant obtaining payment of the social security benefits known as Jobsearch Allowance, Rent Assistance and Newstart Allowance in excess of her entitlements.  The applicant obtained those benefits by falsely stating that she was paying rent for premises at which she did not live, by claiming benefits under a false name when already receiving benefits under her true name and by failing to declare income she received from employment in her true name while obtaining benefits in a false name.  The total overpayment of benefits thus obtained was $94,409.06. 

As at 18 December 1995 the applicant was in receipt…