R v Minassian

[2007] QCA 39

SUPREME COURT OF QUEENSLAND

CITATION:

R v Minassian [2007] QCA 39

PARTIES:

R
v
MINASSIAN, Hrair
(applicant)

FILE NO/S:

CA No 342 of 2006
DC No 333 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Southport

DELIVERED EX TEMPORE ON:

13 February 2007

DELIVERED AT:

Brisbane

HEARING DATE:

13 February 2007

JUDGES:

de Jersey CJ, Jerrard and Holmes JJA
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application 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 applicant failed to disclose to Centrelink details regarding marriage status – where applicant obtained Centrelink benefits under a false name – where applicant convicted of two counts of dishonestly obtaining a financial advantage by deception contrary to s 134(2)(1) of the Criminal Code Act 1995 (Cth) – where applicant had repaid almost a third of amount owing – where applicant claimed psychological problems – whether sentence of three years to be released on recognisance after nine months was manifestly excessive

Criminal Code Act 1995 (Cth), s 134(2)(1)

R v Carter [2005] QCA 402, CA No 257 of 2005, 3 November 2005, considered
R v Edwards; ex parte Commonwealth DPP [2001] QCA 93, CA No 314 of 2000, 14 March 2001, considered
R v Grice [2006] QCA 326, CA No 138 of 2006, 31 August 2006, considered
R v Hurst; ex parte Commonwealth DPP [2005] QCA 25, CA No 387 of 2004, 14 February 2005, considered
R v Otto; ex parte Commonwealth DPP [1998] QCA 139, CA No 415 of 1997, 26 February 1998, considered
R v Smith [1999] QCA 518, CA No 299 of 1999, 15 December 1999, considered
R v Smith[2004] QCA 417, CA No 358 of 2004, 5 November 2004, considered

COUNSEL:

P E Smith for the applicant
D N Adsett for the respondent

SOLICITORS:

O’Sullivans for the applicant
Commonwealth Director of Public Prosecutions for the respondent

THE CHIEF JUSTICE:  I invite Justice Holmes to deliver the first judgment.

HOLMES JA: The applicant for leave to appeal against sentence was convicted on his own plea of guilty of two counts of dishonestly obtaining a financial advantage by a deception contrary to section 134(2)(1) of the Criminal Code Commonwealth.

He was sentenced to three years imprisonment to be released after nine months on entry into a recognisance in the sum of $5,000 for a period of three years.  A further order was made that he make reparation to the Commonwealth in the sum of $18,035.35. 

The first of the counts related to the applicant's receipt of Newstart allowance in his own name from 1 December 2002 until 29 March 2005.  He claimed on Centrelink forms (it is not clear how many) that he was not married, when in…