THE QUEEN v OLIVIA GRENON
[2013] ACTSC 292 (22 October 2013)
CRIMINAL LAW – Judgment and Punishment – Sentencing – Obtaining financial advantage by deception – Obtaining property by deception – Attempting to obtain financial advantage by deception – Attempting to obtain property by deception
Crimes (Sentencing) Act 2005 (ACT), s 7, Pt 4.2
Confiscation of Criminal Assets Act 2003 (ACT)
Criminal Code 2002 (ACT), ss 44, 332, 326
Markarian v The Queen (2005) 228 CLR 357
R v Campbell [2010] ACTCA 20
R v PM [2009] ACTSC 24
R v Shrestha (1991) 173 CLR 48
R v Verdins (2007) 16 VR 269
R v Way (2004) 60 NSWLR 168
EX TEMPORE JUDGMENT
No. SCC 106 of 2013
Judge: Refshauge J
Supreme Court of the ACT
Date: 22 October 2013
IN THE SUPREME COURT OF THE )
) No. SCC 106 of 2013
AUSTRALIAN CAPITAL TERRITORY )
THE QUEEN
V
OLIVIA GRENON
ORDER
Judge: Refshauge J
Date: 22 October 2013
Place: Canberra
THE COURT ORDERS THAT:
Olivia Grenon be convicted of obtaining a financial advantage by deception on 20 September 2013.
Olivia Grenon be sentenced to fifteen months’ imprisonment, to commence on 21 December 2012.
Olivia Grenon be convicted of attempting to obtain a financial advantage by deception on 12 June 2012.
Olivia Grenon be sentenced to fifteen months’ imprisonment, to commence on 21 March 2013.
Olivia Grenon be convicted of attempting to obtain a financial advantage by deception on 26 June 2012.
Olivia Grenon be sentenced to fifteen months’ imprisonment, to commence on 21 June 2013.
Olivia Grenon be convicted of obtaining property by deception on 15 November 2012.
Olivia Grenon be sentenced to six months’ imprisonment, to commence on 21 April 2014.
Olivia Grenon be convicted of attempting to obtain property by deception between 17 and 21 December 2012.
Olivia Grenon be sentenced to fifteen months’ imprisonment, to commence on 21 October 2013.
A non-parole period of twelve months be set to commence on 21 December 2012 and to expire on 20 December 2013.
Sentencing is always a difficult exercise, but it is more difficult when the relevant facts are uncertain. Olivia Grenon appears before me for sentence for one count of obtaining property by deception, one count of obtaining a financial advantage by deception, two counts of attempting to obtain a financial advantage by deception, and one count of attempting to obtain property by deception. Ms Grenon has also asked me to take into account seven further offences of obtaining property by deception.
The facts of the offences are not in dispute, but the facts of the personal circumstances of Ms Grenon are in some doubt.
Obtaining property by deception is an offence against s 326 of the Criminal Code 2002 (ACT) and renders Ms Grenon liable to a maximum penalty of 1,000 penalty units (that is, a fine of $110,000), or imprisonment for ten years, or both.
Obtaining a financial advantage by deception is an offence against s 332 of the Criminal Code and attracts the…
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CaseChat Overview and Summary
The court found that the prosecution had proven its case beyond reasonable doubt. It was established that the defendant had used false representations to deceive the victims and gain financial advantage. The court also considered the nature and circumstances of the offences, the defendant's previous criminal history, and the impact on the victims. Based on these factors, the court determined that a custodial sentence was necessary to deter the defendant and others from engaging in similar conduct. The court sentenced the defendant to fifteen months’ imprisonment for each offence, to run concurrently, with the sentences to commence on specific dates.
The court's reasoning was based on the principle that deception for financial gain is a serious offence that undermines the integrity of the community. The court emphasised the need for appropriate punishment to reflect the seriousness of the crimes and to deter others from committing similar offences. The court took into account the defendant's background and the impact of the offences on the victims, but ultimately concluded that a custodial sentence was the most appropriate form of punishment. The court ordered that the defendant be convicted and sentenced as outlined in the orders section.
Orders
Orders of the court
1. Olivia Grenon be convicted of obtaining a financial advantage by deception on 20 September 2013.
2. Olivia Grenon be sentenced to fifteen months’ imprisonment, to commence on 21 December 2012.
3. Olivia Grenon be convicted of attempting to obtain a financial advantage by deception on 12 June 2012.
4. Olivia Grenon be sentenced to fifteen months’ imprisonment, to commence on 21 March 2013.
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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