R v Stephens

[2021] ACTSC 308

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Stephens

Citation:

[2021] ACTSC 308

Hearing Date:

8 November 2021

DecisionDate:

9 November 2021

Before:

Mossop J

Decision:

See [42]

Catchwords:

CRIMINAL LAW – EVIDENCE – Admissibility – advance ruling application to adduce tendency evidence – charges of dishonesty offences – alleged tendency dishonestly to make false representations about accommodation arrangements to obtain financial benefits –– each charged act cross-admissible for tendency purposes – whether evidence about failure to declare rental arrangement admissible for tendency purposes – evidence with significant probative value – risk of prejudicial effect on accused low with appropriate jury directions – evidence admissible for tendency purposes

Legislation Cited:

Criminal Code 1995 (Cth), ss 11.2(1), 134.2(1), 135.1(3), 136.1(1)

Evidence Act 2011 (ACT), ss 97, 101(2), 192A

Cases Cited:

Hughes v The Queen [2017] HCA 20; 263 CLR 338

R v Bauer [2018] HCA 40; 266 CLR 56

R v Shamouil [2006] NSWCCA 112; 66 NSWLR 228

Parties:

The Queen (Crown)

Travis Stephens (Accused)

Ilze Stephens (Accused)

Representation:

Counsel

M Hassall (Crown)

J Nottle (T Stephens)

K Archer (I Stephens)

Solicitors

Commonwealth Director of Public Prosecutions (Crown)

Operational Legal Australia (T Stephens)

Kamy Saeedi Law (I Stephens)

File Numbers:

SCC 117 of 2021

SCC 118 of 2021

SCC 119 of 2021

MOSSOP J:

Introduction

1. The accused, Travis Stephens, faces the following charges:

(a)nine counts of contravention of s 134.2(1) of the Criminal Code 1995 (Cth) – obtaining a financial advantage by deception;

(b)one count of a contravention of s 135.1(3) of the Criminal Code – dishonestly causing loss to the Commonwealth; and

(c)a summary charge alleging a contravention of s 136.1(1) of the Criminal Code – making a false or misleading statement in an application.

1. The co-accused, Ilze Stephens, who is the mother of the accused, faces the following charges: eight counts of contravention of ss 11.2(1) and 134.2(1) of the Criminal Code. Section 11.2 of the Criminal Code relates to aiding and abetting the commission of an offence.

The charges

1. The central allegation against the accused is that between 6 October 2011 and 21 January 2019, he dishonestly obtained payments of rent allowance from the Commonwealth Department of Defence as a result of false representations that he made to Defence Housing Australia (DHA). Those representations were that he did not own or partly own the residence in Canberra for which rent allowance was paid (the Wentworth Avenue property) and that he was renting the property from the co-accused, his mother. The fact was that he was registered as the joint owner of the property with his mother. Eight of the 10 charges (counts 2, 4, 5, 6, 7, 8, 9, and 10) relate to representations which he made which permitted, over those years, rent allowance payments to be continued. These are alleged to be contraventions of s 134.2(1) of the Criminal Code, obtaining a financial advantage by deception.

1. There is a further allegation that the accused dishonestly claimed and obtained…