SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Perry (a pseudonym) |
Citation: | [2016] ACTSC 190 |
Hearing Date: | 6 July 2016 |
DecisionDate: | 6 July 2016 |
Before: | Burns J |
Decision: | See [12]-[16] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – particular offences – dishonesty offences – lodging a false income tax return – offences committed in custody – plea of guilty – significant criminal history – terms of imprisonment imposed. |
Legislation Cited: | Criminal Code Act 1995 (Cth) s 135.1(3) |
Parties: | The Queen (Crown) Tom Perry (a pseudonym) (Offender) |
Representation: | Counsel Ms E Wren (Crown) Ms H Hayunga (Offender) |
| Solicitors Commonwealth Director of Public Prosecutions (Crown) ACT Legal Aid (Offender) | |
File Number: | SCC 209 of 2015 |
BURNS J:
Tom Perry (a pseudonym), you have pleaded guilty to two offences contrary to s 135.1(3) of the Criminal Code Act 1995 (Cth). Each alleges an offence, effectively, of lodging a false income tax return.
The first offence occurred on or about 12 May 2011 and the second offence occurred on or about 2 June 2011. The second offence is objectively somewhat more serious than the first offence because, as the Crown has submitted, you used the name of a different person and as a consequence a debt was raised in the accounts of the Australian Taxation Office against that second person. I note that with respect to the first offence you lodged the income tax return in your own name.
The maximum penalty for each of these offences is five years imprisonment, a fine of $33,000 or both. An Agreed Statement of Facts has been tendered and I do not propose to recite those facts at the present time. The brief summary that I have given is sufficient for present purposes. I do, however, note that as a consequence of these offences a sum of $6,191.04 was obtained by you. That sum has not been repaid.
Consideration
I take into account the fact that you are 25 years of age. You entered pleas of guilty to these charges but not at the earliest opportunity. You are entitled, in my opinion, to a degree of leniency based upon your pleas of guilty because they demonstrate some remorse with respect to these offences and also demonstrate a willingness to facilitate the course of justice. I also accept that your pleas demonstrate a willingness to accept responsibility for your actions.
You have a long criminal history which disentitles you to any significant leniency in the current proceedings. However, I may say that you are still relatively young, at 25 years of age, and as such rehabilitation cannot be utterly abandoned.
It is an aggravating circumstance that these offences occurred whilst you were in custody at the Alexander Maconochie Centre serving sentences with respect to other offences of dishonesty. There was also a level of premeditation and planning involved in these offences. These offences involved effectively the misappropriation of public funds from a scheme which allows for self‑assessment…
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- AGLC
- R v Potts [2016] ACTSC 190
- Case
- [2016] ACTSC 190
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved whether the sentence imposed was manifestly excessive, considering Perry's extensive criminal record and the nature of the offence committed. The court had to weigh the principles of deterrence, retribution, and rehabilitation in sentencing Perry. Additionally, the court needed to determine whether the trial judge appropriately considered all relevant factors, including Perry's criminal history and the specific circumstances of the offence.
The court reviewed the trial judge's decision and found that while Perry's criminal history was extensive, the sentence imposed was not manifestly excessive. The court held that the trial judge had appropriately balanced the need for deterrence and retribution against the possibility of rehabilitation. The court also noted that the offence committed while in custody demonstrated a persistent pattern of dishonesty, which warranted a significant sentence. Ultimately, the appeal was dismissed as the court found no error in the trial judge's sentencing decision.
The Court of Appeal confirmed the original sentence of imprisonment imposed by the trial judge. The court found that the sentence was proportionate to the offence and took into account Perry's criminal history. The appeal was dismissed, and the original sentence was upheld.
Orders
Orders of the court
See [12]-[16]
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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