Regina v Jessica Rose Anderson - [2007] NSWDC 352

CITATION: Regina v Jessica Rose Anderson [2007] NSWDC 352

JUDGMENT DATE:
13 July 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Convicted and sentenced to an overall term of imprisonment of 5 years with a 3 year non-parole period.

CATCHWORDS: Criminal law - Commonwealth offences - Social security fraud - False passport used to enter Australia - Tragic personal history - Used payments to feed her 7 children - Voilent alcoholic partner also a gambler - Major depression - Highly anxious - Severe symptoms of trauma - Remorse - Early guilty plea - Lengthy criminal history of dishonesty offences - General deterrence - Hardship to family

LEGISLATION CITED: ss 3ZL, 16A, 21B, 29B Crimes Act 1914 (Cth)
ss 19A(b), 135.1(5) Criminal Code 1995 (Cth)
s18(1)(b)(i) Foreign Passports Law Enforcement Security Act 2005 (Cth)

CASES CITED: Regina v Hawkins (1989) 35 A Crim R 430
Regina v Hinton (2002) 134 A Crim R 286
Regina v Knight [2004] NSWCCA 145
Regina v Murphy [2007] NSWCCA 18
Regina v Purdon (2006) NSWCCA, unreported, 27 March 1997
Regina v Winchester (1992) 58 A Crim R 345
Bick v The Commonwealth [2006] NSWCCA 408
Pearce v The Queen (1998) 194 CLR 610
Sanchet v The Commonwealth Director of Public Prosecutions [2006] NSWCCA 291

PARTIES: Regina
Jessica Rose Anderson

FILE NUMBER(S): 07/11/0419

COUNSEL: Ms Dobraszczyk for the Commonwealth Director of Public Prosecutions

SOLICITORS: Ms Duchen for the offender

SENTENCE

1. Jessica Rose Anderson has been charged with a number of offences. She has been charged with making a false or misleading statement in relation to a foreign travel document. That is contrary to s 18(1)(b)(i) of the Foreign Passports (Law Enforcement and Security) Act 2005 of the Commonwealth and carries a maximum of ten years imprisonment. In addition, she has been charged with eleven offences of imposing upon the Commonwealth by an untrue representation contrary to s 29B of the Crimes Act 1914 of the Commonwealth, each offence carrying a maximum of two years imprisonment. Thirdly, she has been charged with eight counts of dishonestly causing a loss to the Commonwealth contrary to s 135.1 5 of the Criminal Code Act 1995 of the Commonwealth.

2. Ms Anderson was arrested on 14 December 2006 and has been in custody since then. On her arrest she was interviewed by the Federal Police and made full admissions. Proceedings were commenced against her in the Local Court by way of court attendance notices. She first appeared at the Central Local Court on 15 December 2006. She appeared at two more mention dates in February and April 2007 following orders made for the service of the brief. On 16 May 2007 Ms Anderson indicated that she would plead guilty to each offence and on that day she was committed for sentence to this court.

3. I should add that she was also originally charged with making a false or misleading statement for the purposes of obtaining a passport other than an…

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.

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Details

Case: [2007] NSWDC 352
Decision Date: 13 July 2007

CaseChat Overview and Summary

In Regina v Jessica Rose Anderson, the defendant was convicted of various social security fraud offences under the Social Security (Administration) Act 1999 (Cth). The defendant used a false passport to enter Australia, and subsequently claimed numerous welfare benefits over a period of time. The personal circumstances of the defendant were tragic, as she had used the payments to feed her seven children, and was under considerable stress due to her violent alcoholic partner who was also a gambler. The defendant suffered from major depression, was highly anxious, and exhibited severe symptoms of trauma. However, she had a lengthy criminal history of dishonesty offences. The court had to determine the appropriate penalty taking into account all these factors.

The primary legal issue before the court was the appropriate penalty for the defendant's social security fraud offences. The court had to consider the personal circumstances of the defendant, her remorse, and early guilty plea, against her lengthy criminal history and the need for general deterrence. The court also had to balance the hardship to the defendant's family against the need to protect the community and uphold the law.

In determining the appropriate penalty, the court found that the defendant's personal circumstances were indeed tragic, and she had used the payments to feed her seven children. However, the court also noted that the defendant had a lengthy criminal history of dishonesty offences, and had shown a pattern of criminal behaviour. The court found that the defendant's remorse and early guilty plea were mitigating factors, but they were not sufficient to outweigh the need for general deterrence. The court also noted that the hardship to the defendant's family was a relevant consideration, but it was not the only consideration. The court found that the appropriate penalty was an overall term of imprisonment of 5 years with a 3 year non-parole period.

The court ordered that the defendant be convicted and sentenced to an overall term of imprisonment of 5 years with a 3 year non-parole period. The defendant was given credit for her early guilty plea and the time she had already spent in custody. The court noted that the defendant's personal circumstances were tragic, but they did not excuse her criminal behaviour. The court emphasised the need for general deterrence and the protection of the community, and noted that the sentence reflected those considerations.

Orders

Orders of the court

Convicted and sentenced to an overall term of imprisonment of 5 years with a 3 year non-parole period.

Background

Background to the litigation

Full text does not contain this section.

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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CITATION:	Regina v Jessica Rose Anderson [2007] NSWDC 352
JUDGMENT DATE:	13 July 2007
JURISDICTION:	District Court of New South Wales
JUDGMENT OF:	Cogswell SC DCJ at 1
DECISION:	Convicted and sentenced to an overall term of imprisonment of 5 years with a 3 year non-parole period.
CATCHWORDS:	Criminal law - Commonwealth offences - Social security fraud - False passport used to enter Australia - Tragic personal history - Used payments to feed her 7 children - Voilent alcoholic partner also a gambler - Major depression - Highly anxious - Severe symptoms of trauma - Remorse - Early guilty plea - Lengthy criminal history of dishonesty offences - General deterrence - Hardship to family
LEGISLATION CITED:	ss 3ZL, 16A, 21B, 29B Crimes Act 1914 (Cth) ss 19A(b), 135.1(5) Criminal Code 1995 (Cth) s18(1)(b)(i) Foreign Passports Law Enforcement Security Act 2005 (Cth)
CASES CITED:	Regina v Hawkins (1989) 35 A Crim R 430 Regina v Hinton (2002) 134 A Crim R 286 Regina v Knight [2004] NSWCCA 145 Regina v Murphy [2007] NSWCCA 18 Regina v Purdon (2006) NSWCCA, unreported, 27 March 1997 Regina v Winchester (1992) 58 A Crim R 345 Bick v The Commonwealth [2006] NSWCCA 408 Pearce v The Queen (1998) 194 CLR 610 Sanchet v The Commonwealth Director of Public Prosecutions [2006] NSWCCA 291
PARTIES:	Regina Jessica Rose Anderson
FILE NUMBER(S):	07/11/0419
COUNSEL:	Ms Dobraszczyk for the Commonwealth Director of Public Prosecutions
SOLICITORS:	Ms Duchen for the offender