JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: STAMATOPOULOS -v- THE QUEEN [2018] WASCA 148
CORAM: MAZZA JA
MITCHELL JA
PRITCHARD J
HEARD: 9 MAY 2018
DELIVERED : 29 AUGUST 2018
FILE NO/S: CACR 141 of 2017
BETWEEN: PETER STAMATOPOULOS
Appellant
AND
THE QUEEN
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram: BOWDEN DCJ
File Number : IND 2058 of 2016
Catchwords:
Criminal law - Appeal against sentence - 60 counts of dishonestly obtaining a financial advantage from the Commonwealth of Australia by deception - Three counts of attempting to dishonestly obtain a financial advantage from the Commonwealth of Australia by deception - Total effective sentence of 8 years' imprisonment - Non-parole period of 4 years - Totality principle
Legislation:
Crimes Act 1914 (Cth), s 16A(1), s 16A(2), s 16B, s 21B
Criminal Code Act 1995 (Cth), s 11.1(1), s 134.2(1)
Result:
Leave to appeal refused
Appeal dismissed
Category: B
Representation:
Counsel:
| Appellant | : | Mr S Vandongen SC |
| Respondent | : | Mr A J C Mossop |
Solicitors:
| Appellant | : | Holborn Lenhoff Massey |
| Respondent | : | Director Of Public Prosecutions (Cth) |
Case(s) referred to in decision(s):
Beard v The Queen [2003] WASCA 262
Bransby v The Queen [2010] WASCA 165
Chen v The Queen [2015] NSWCCA 122
De Hollander v The Queen [2012] WASCA 127
Dwayhi v The Queen; Bechara v The Queen [2011] NSWCCA 67
Gok v The Queen [2010] WASCA 185
Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520
House v The King [1936] HCA 40; (1936) 55 CLR 499
Ly v The Queen [2007] NSWCCA 28
Munda v Western Australia [2013] HCA 38; (2013) 249 CLR 600
Pearce v The Queen [1998] HCA 57; (1998) 194 CLR 610
Pollock v The Queen [2012] WASCA 30
Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295
R v Baunach [1999] QCA 207
R v Hawkins [2013] NSWCCA 208
R v Pham [2015] HCA 39; (2015) 256 CLR 550
Ramanah v The Queen [2006] WASCA 112
Robertson v The Queen [2007] NSWCCA 270
Roffey v The State of Western Australia [2007] WASCA 246
JUDGMENT OF THE COURT:
This is an appeal against sentence.
The appellant was charged on indictment in the District Court with 60 counts of dishonestly obtaining a financial advantage from the Commonwealth of Australia by deception, contrary to s 134.2(1) of the Criminal Code Act 1995 (Cth) (Criminal Code) (counts 1 ‑ 58, 60 and 61). The appellant was also charged with three counts of attempting to commit an offence contrary to s 134.2(1) of the Criminal Code (counts 59, 62 and 63).[1] The maximum penalty for each of these offences is 10 years' imprisonment and/or a pecuniary penalty not exceeding 600 penalty units.[2]
[1] AB 29 - 39.
[2] Crimes Act 1914 (Cth) s 4B(2); the monetary value of a…
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- Stamatopoulos v The Queen [2018] WASCA 148
- Case
- [2018] WASCA 148
- Decision Date
CaseChat Overview and Summary
The court examined the totality principle, which refers to the need to consider the overall sentence rather than individual sentences for each count. The court noted that while each offence was serious, the appellant's actions were part of a single scheme over a period of time. The court also considered the appellant's culpability, the harm caused, and the need for deterrence and denunciation. The court held that while the sentence was severe, it was not manifestly excessive when considering the totality of the offending and the need for appropriate punishment and deterrence. The appeal against sentence was dismissed.
Orders
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Decision
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Ratio Decidendi
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