CITATION: Regina v Issaac [2005] NSWCCA 86
HEARING DATE(S): 16/3/05
JUDGMENT DATE:
16 March 2005JUDGMENT OF: Wood CJ at CL at 1; Adams J at 51; Bell J at 2
DECISION: Application for leave to appeal granted ; Appeal dismissed
LEGISLATION CITED: Bankruptcy Act 1966
Crimes Act 1914
Criminal Code 1995CASES CITED: R v Gallagher (1991) 23 NSWLR 220
Regina v Purdon (unreported) CCA 27 March 1997
Regina v Winchester (1992) 58 ACR 345PARTIES: Zaia Issaac (Applicant)
Regina (Respondent)FILE NUMBER(S): CCA 2004/3099
COUNSEL: I McClintock SC (Applicant)
G Walsh (Crown)SOLICITORS: Hanby & Associates Lawyers (Applicant)
Commonwealth DPP (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0247
LOWER COURT JUDICIAL OFFICER: Freeman DCJ
3309/04
WEDNESDAY 16 MARCH 2005WOOD CJ at CL
ADAMS J
BELL J
1 WOOD CJ AT CL: The court is in a position to deal with the matter now and I will ask Bell J to deliver the first judgment.
2 BELL J: This is an application for leave to appeal against the severity of sentences imposed on the applicant in the District Court on 21 May 2004. The applicant pleaded guilty in the Local Court to five Commonwealth offences. There was a defect in the committal document and he was arraigned on an indictment in the District Court charging him with the same five offences to which he pleaded guilty.
3 The first count charged the applicant that between 13 July 2001 and about 30 September 2003 he did, by a deception, dishonestly obtain a financial advantage, the Newstart Allowance, in the name of Zakaria Benjamin, from the Commonwealth Services Delivery Agency, to which he was not entitled because he was employed by and in receipt of income from Diagnostic Laboratories Pty Limited until 2 May 2002 and by the Gribbles Group from 3 May 2002. This is an offence provided by s 134.2(1) of the Criminal Code 1995. The maximum penalty for this offence is ten years imprisonment and/or a fine of $66,000.
4 The second count charged the applicant that on or about 12 March 2001 at Sydney, being an undischarged bankrupt he obtained credit to the extent of $20,702 from Esanda Finance Corporation without informing it that he was an undischarged bankrupt. This is an offence provided by s 269(1)(a) of the Bankruptcy Act 1966. The maximum penalty for this offence is imprisonment for a period not exceeding three years and/or a fine not exceeding $19,800 or both.
5 The third count charged the applicant that on or about 24 May 2000 at Sydney, being a time after the presentation of a petition on which he became a bankrupt, he did obtain credit by fraud, to wit, $3,000 from Australian Guarantee Corporation Limited (“AGC”) using the name Zakaria Benjamin and representing to AGC that he had not been known by any other name and was not an undischarged bankrupt. This is an offence provided by s 265(5)(b) of the
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