District Court
New South Wales
Medium Neutral Citation: R v Susan Lee [2011] NSWDC 257 Hearing dates: 16-17 November 2011 Decision date: 09 December 2011 Before: Letherbarrow SC DCJ Decision: Sentenced to a total term of imprisonment of 12 months with a recognizance release order after 6 months.
The offender make reparation to the Commonwealth in the sum of $118,352.71.
Catchwords: CRIME - Sentencing - social security fraud -custodial sentence imposed unless very special circumstances - effect of sentence on offender's family or dependants - relevance of mental illness - relevance of gambling - relevance of delay in charging Legislation Cited: Crimes Act, 1914 (Cth), s4J(1), s16A, s16A(2)(g), s16A(2)(p), s19B, s20(1)(B), s21B, s29B
Criminal Code, 1995 (Cth), s135.1(1)Cases Cited: R v Sinclair (1990) 50 ACrimR 418, R v Hart [1999] NSWCCA 204, R v Alla [2004] NSWCCA 378, R v Wood [2005] NSWCCA 233, R v Low, R v Ouyang [2004] NSWCCA 382, R v Capper [2000] NSWCCA 63, R v Togias [2001] NSWCCA 522, Le v Regina [2006] NSWCCA 136, R v Winchester (1992) 58 A Crim R 345, R v Hemsley [2004] NSWCCA 228, R v Molesworth [1999] NSWCCA 43, Pearce v The Queen (1998) 194 CLR 610 Category: Sentence Parties: Commonwealth Director of Public Prosecutions - Crown
Susan Lee - OffenderRepresentation: Commonwealth Director of Public Prosecutions
Mr Vertigan
Commonwealth Director of Public Prosecutions
Legal Aid
File Number(s): 2010/235756, 2010/235938 Publication restriction: Anything identifying the identity of the deceased person
SENTENCE
The offender has pleaded guilty to 2 charges relating to social security fraud.
The first is that contrary to s 29B of the Crimes Act, 1914, (the Act) between 24 August 1998 and about 23 May 2001, she did impose upon the Commonwealth Services Delivery Agency (Centrelink), a public authority under the Commonwealth, by an untrue representation with a view to obtain money. The maximum penalty for such an offence is imprisonment for two years and/or a fine of $13,200.
The second is that contrary to s 135.1(1) of the Criminal Code, 1995, (the Code) between 7 June 2001 and about 21 February 2008 she made a representation with the intention of dishonestly obtaining a gain from Centrelink. The maximum penalty for such offence is imprisonment for five years and/or a fine of $33,000.
Both charges relate to an ongoing fraud committed by the offender between 24 August 1998 and about 21 February 2008, a period of almost 9.5 years, during which time she received, in total, $118,352.71 to which she was not entitled and for which the Commonwealth is seeking a reparation order pursuant to s 21B of the Act. Mr Vertigan, who appeared for the offender, did not wish to be heard in relation to the making of such an order.
This sum of $118,352.71 is broken up as to its receipt with $30,841.77 relating to the first charge and $87,510.94 relating to the second charge. It…
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- AGLC
- R v Susan Lee [2011] NSWDC 257
- Case
- [2011] NSWDC 257
- Decision Date
CaseChat Overview and Summary
The court recognised the principle that a custodial sentence is typically necessary for social security fraud unless there are exceptional mitigating circumstances. The appellant's mental health issues, including depression and anxiety, were considered as mitigating factors. The court also noted the appellant's involvement in gambling, which had contributed to her offending behaviour and financial difficulties. Additionally, the court acknowledged the delay in charging the appellant, which had caused her significant anxiety. Despite these mitigating factors, the court found that the appellant's conduct warranted a custodial sentence to maintain public confidence in the social security system. The court sentenced the appellant to a total term of imprisonment of 12 months, with a recognizance release order after 6 months. The appellant was also ordered to make reparation to the Commonwealth in the sum of $118,352.71.
Orders
Orders of the court
Sentenced to a total term of imprisonment of 12 months with a recognizance release order after 6 months.
The offender make reparation to the Commonwealth in the sum of $118,352.71.
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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