NEW SOUTH WALES COURT OF CRIMINAL APPEAL
CITATION: Regina v Wood [2005] NSWCCA 233
FILE NUMBER(S):
2005/708
HEARING DATE(S): 22/06/2005
JUDGMENT DATE: 22/06/2005
PARTIES:
Regina v Florence June Wood
JUDGMENT OF: Spigelman CJ Hunt AJA Howie J
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0557
LOWER COURT JUDICIAL OFFICER: Hosking DCJ
COUNSEL:
G. Walsh - Crown
C. Jeffreys - Applicant
SOLICITORS:
Commonwealth DPP - Crown
Jeffreys & Associates - Applicant
CATCHWORDS:
Criminal Law - Sentence - Social Security fraud - short custodial sentences imposed - whether evidence of effect of sentence upon applicant's retarded daughter so exceptional as to require non-custodial sentences - no error in exercise of judge's discretion.
LEGISLATION CITED:
Crimes Act 1914 (Cth) - s 29D
Criminal Code 1995 (Cth) - s 135.1(5)
Crimes (Sentencing Procedure) Act 1999 - s 5(2)
DECISION:
Leave to appeal is granted but the appeal is dismissed. The sentence on the first count is to commence from today, 22 June 2005, and is to expire on 21 July 2005. The sentence for the second count is to commence on 22 July 2005 and is to expire on 21 August 2005. The sentences for the third and fourth counts are to commence on 22 August 2005 and are to expire on 21 September 2005.
JUDGMENT:
IN THE COURT OF
CRIMINAL APPEAL
2005/708
SPIGELMAN CJ
HUNT AJA
HOWIE JWEDNESDAY 22 JUNE 2005
REGINA v FLORENCE JUNE WOOD
Judgment
HOWIE J: On 27 August 2004 the applicant appeared in the District Court before Hosking DCJ and adhered to her pleas of guilty made in the Local Court on the following charges:
Charge 1: Between about 22 December 1988 and 5 December 1992 at Gosford in the State of New South Wales did defraud the Department of Social Security, a department of the Commonwealth, in that she obtained a Widow’s Pension from that department in the name Florence June Elliott when in fact (and without disclosing that) she was a member of a couple legally married to Neville John Wood on 22 May 1977, in breach of s 29D Crimes Act 1914 (Cth).
Charge 2: Between about 17 December 1992 and 30 June 1997 at Gosford in the State of New South Wales, did defraud the Department of Social Security, a department of the Commonwealth, in that she obtained an Age Pension from that department in the name Florence June Elliott when in (and without disclosing that) she was in receipt of an Age Pension from that department in the name Florence June Wood, in breach of s 29D Crimes Act 1914 (Cth).
Charge 3: Between about 1 July 1997 and 23 May 2001 at Gosford in the State of New South Wales, did defraud the Commonwealth Services Delivery Agency, a public authority under the Commonwealth, in that she obtained an Age Pension from that agency in the name Florence June Elliott when in fact (and without disclosing that) she was in receipt of an Age Pension from that agency in…
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- AGLC
- R v Wood [2005] NSWCCA 233
- Case
- [2005] NSWCCA 233
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved whether the judge's discretion in sentencing was correctly exercised, particularly in light of the exceptional circumstances presented by the defendant's daughter. The court was tasked with determining whether the evidence of the impact on the daughter was so exceptional as to require Wood to be sentenced to a non-custodial sentence.
The court examined the evidence regarding the daughter's condition and the impact of a custodial sentence on her. Despite acknowledging the exceptional nature of the circumstances, the court found that it was not an error for the judge to impose a short custodial sentence. The court held that the judge had correctly exercised their discretion, considering all relevant factors, including the nature of the offence and the need for deterrence. The court found no error in the judge's assessment and decision.
The final orders of the court were to uphold the sentence imposed by the trial judge, confirming that the judge had exercised their discretion appropriately in the circumstances.
Orders
Orders of the court
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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
Established by: SPIGELMAN CJ
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