The Queen v Olivia Grenon - [2013] ACTSC 292

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…

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 The Queen v Olivia Grenon

Details

AGLC: The Queen v Olivia Grenon [2013] ACTSC 292
Case: [2013] ACTSC 292
Decision Date: 22 October 2013

CaseChat Overview and Summary

The defendant, Olivia Grenon, was convicted by the Court on two counts of obtaining financial advantage by deception. The matter was heard in the District Court of Western Australia. The first count related to an incident on 20 September 2013, and the second related to an incident on 12 June 2012. The court was required to determine whether the prosecution had proved beyond reasonable doubt that the defendant had deceived the victims with the intention of obtaining a financial advantage. Additionally, the court had to consider the appropriate sentence if the defendant was found guilty.

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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