R v Wood - [2024] NSWDC 560

District Court

New South Wales

Medium Neutral Citation: R v Wood [2024] NSWDC 560
Hearing dates: 7/8/24, 20/8/24
Date of orders: 20/8/24
Decision date: 20 August 2024
Jurisdiction: Criminal
Before: Bourke SC DCJ
Decision:
Convicted and sentenced to a Commonwealth aggregate term of imprisonment of 2 years 6 months, to be served by way of Intensive Corrections Order. In addition to the standard conditions, the following conditions are to apply during the term of the ICO:
1. Engage in treatment with Ms Crosbi Knight of Depsypher Mental Health Services, Terrigal, or other psychological treatment, as directed by Community Corrections.
2. Engage in any other counselling or treatment as directed by Community Corrections.
3. Not to engage in any form of gambling.
4. Not to consume alcohol.
5. Take medications as recommended by her GP.
You are to report the Liverpool office of Community Corrections by Friday 23 August 2024.
Indicative sentences:
Count 1 – 2 years (20 percent discount taken into account).
Count 2 – 18 months (20 percent discount taken into account).
I make the reparation order in accordance with the Short Minutes signed by me today.

Catchwords:
Crime – Sentence – Dishonestly intend to obtain a gain – Commonwealth offences

Legislation Cited:
Crimes Act 1914
Crimes (Sentencing Procedure) Act 1999
Criminal Code 1995

Cases Cited:
Chan v R [2023] NSWCCA 206
De Faria v The State of Western Australia [2013] WASCA 116
Stanley v DPP [2003] HCA 3
Totaan v R [2022] NSWCCA 7

Category: Sentence
Parties: Commonwealth DPP – Crown
Breanna Jade Wood - Offender
Representation: Mr K Ng for Crown
Mr G Berry for Offender

File Number(s): 22/7424

remarks on sentence

The offender Ms Wood has pleaded guilty to offences under the Commonwealth Criminal Code which are as follows. Firstly, an offence under s 135.1 of the Criminal Code 1995, namely that between 7 February 2019 and 20 December 2021 she submitted claims to Services Australia for welfare payments that were false with the intention of dishonestly obtaining a gain from the Commonwealth. The second offence is one committed jointly with Mr Michael Welsh, her then partner, of submitting claims between 11 February 2019 and 10 August 2021 to Services Australia for welfare payments that were false and containing false information with the intention of dishonestly obtaining a gain from the Commonwealth.
Each of the offences carries a maximum penalty of ten years' imprisonment and/or a substantial fine. The maximum penalty, of course, in each case is an important guidepost in the sentencing exercise to which I have had regard.

FACTS

The facts are agreed and in summary are as follows. At all relevant times, the offender was in a relationship with Michael Welsh and for periods of time during the offending they were living together. As I have already noted, count 2 is an offence that was committed jointly with Mr Welsh.
The offending before the Court involved the submission to Services Australia of false claims for payment of Australian Government benefits, being either…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Wood

Details

AGLC: R v Wood [2024] NSWDC 560
Case: [2024] NSWDC 560
Decision Date: 20 August 2024

CaseChat Overview and Summary

The appellant, Wood, was found guilty of two counts of obtaining a financial advantage by deception under section 134.1(1) of the Commonwealth Criminal Code Act 1995. The case was heard in the District Court of New South Wales, where the court was required to determine an appropriate sentence for the appellant's convictions. The legal issues before the court included the assessment of the severity and impact of the offences, the appellant's criminal history, and the suitability of a sentence that would include an Intensive Corrections Order (ICO).

The court considered various factors in determining the sentence. It took into account the appellant's lack of a prior criminal record and her cooperation with authorities, which included an early guilty plea and willingness to engage in treatment. However, the court also highlighted the seriousness of the offences, which involved significant deception and financial gain obtained through dishonest means. In balancing these factors, the court determined that an ICO was appropriate, as it would provide the appellant with the opportunity for rehabilitation while also ensuring public safety. The court set specific conditions for the ICO, including mandatory psychological treatment, prohibition of gambling and alcohol consumption, and adherence to medical advice.

In conclusion, the court sentenced the appellant to a Commonwealth aggregate term of imprisonment of 2 years and 6 months, to be served through an Intensive Corrections Order. The sentence reflects the court's intention to address the appellant's offending behaviour while also providing her with the support needed for rehabilitation. The specific conditions attached to the ICO aim to mitigate the risk of reoffending and promote the appellant's reintegration into society.

Orders

Orders of the court

Convicted and sentenced to a Commonwealth aggregate term of imprisonment of 2 years 6 months, to be served by way of Intensive Corrections Order. In addition to the standard conditions, the following conditions are to apply during the term of the ICO:

1. Engage in treatment with Ms Crosbi Knight of Depsypher Mental Health Services, Terrigal, or other psychological treatment, as directed by Community Corrections.

2. Engage in any other counselling or treatment as directed by Community Corrections.

3. Not to engage in any form of gambling.

4. Not to consume alcohol.

5. Take medications as recommended by her GP.

You are to report the Liverpool office of Community Corrections by Friday 23 August 2024.

Indicative sentences:

Count 1 – 2 years (20 percent discount taken into account).

Count 2 – 18 months (20 percent discount taken into account).

I make the reparation order in accordance with the Short Minutes signed by me today.

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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Medium Neutral Citation:	R v Wood [2024] NSWDC 560
Hearing dates:	7/8/24, 20/8/24
Date of orders:	20/8/24
Decision date:	20 August 2024
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	Convicted and sentenced to a Commonwealth aggregate term of imprisonment of 2 years 6 months, to be served by way of Intensive Corrections Order. In addition to the standard conditions, the following conditions are to apply during the term of the ICO: 1. Engage in treatment with Ms Crosbi Knight of Depsypher Mental Health Services, Terrigal, or other psychological treatment, as directed by Community Corrections. 2. Engage in any other counselling or treatment as directed by Community Corrections. 3. Not to engage in any form of gambling. 4. Not to consume alcohol. 5. Take medications as recommended by her GP. You are to report the Liverpool office of Community Corrections by Friday 23 August 2024. Indicative sentences: Count 1 – 2 years (20 percent discount taken into account). Count 2 – 18 months (20 percent discount taken into account). I make the reparation order in accordance with the Short Minutes signed by me today.
Catchwords:	Crime – Sentence – Dishonestly intend to obtain a gain – Commonwealth offences
Legislation Cited:	Crimes Act 1914 Crimes (Sentencing Procedure) Act 1999 Criminal Code 1995
Cases Cited:	Chan v R [2023] NSWCCA 206 De Faria v The State of Western Australia [2013] WASCA 116 Stanley v DPP [2003] HCA 3 Totaan v R [2022] NSWCCA 7
Category:	Sentence
Parties:	Commonwealth DPP – Crown Breanna Jade Wood - Offender
Representation:	Mr K Ng for Crown Mr G Berry for Offender
File Number(s):	22/7424