WILKINSON -v- MORRISSEY [2000] WASCA 241
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2000] WASCA 241 | |
| Case No: | SJA:1078/2000 | 4 AUGUST 2000 | |
| Coram: | TEMPLEMAN J | 4/08/00 | |
| 9 | Judgment Part: | 1 of 1 | |
| Result: | Appeal dismissed | ||
| PDF Version |
| Parties: | PETER WILKINSON KEVIN PATRICK MORRISSEY |
Catchwords: | Appeal against sentence imposed for offences under Social Security Act 1991 Whether fines imposed for knowingly retaining pension far beyond respondent's entitlement were adequate Whether Magistrate properly considered usual disposition for matters of this nature Operation of s 20AB Crimes Act 1914 and s 67(2)(g) Sentencing Act 1995 |
Legislation: | Crimes Act 1914 Sentencing Act 1995 Social Security Act 1991 |
Case References: | Liddington (1997) 97 A Crim R 400 Nunn v Kinnon (1988) 4 WAR 459 Pickett v Fox, unreported; SCt of WA (Murray J); Library No 930347; 15 June 1993 R v Purdon, unreported; CCA (NSW); Appeal No 60659; 27 March 1997 R v Rossi (1988) 4 WAR 463 Laxton v Justice (1985) 38 SASR 376 Lowe v The Queen (1984) 154 CLR 606 R v Tait (1979) 24 ALR 473 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA CITATION : WILKINSON -v- MORRISSEY [2000] WASCA 241 CORAM : TEMPLEMAN J HEARD : 4 AUGUST 2000 DELIVERED : 4 AUGUST 2000 FILE NO/S : SJA 1078 of 2000 BETWEEN : PETER WILKINSON
- Appellant
AND
KEVIN PATRICK MORRISSEY
Respondent
Catchwords:
Appeal against sentence imposed for offences under Social Security Act 1991 - Whether fines imposed for knowingly retaining pension far beyond respondent's entitlement were adequate - Whether Magistrate properly considered usual disposition for matters of this nature - Operation of s 20AB Crimes Act 1914 and s 67(2)(g) Sentencing Act 1995
Legislation:
Crimes Act 1914
Sentencing Act 1995
Social Security Act 1991
Result:
Appeal dismissed
(Page 2)
Representation:
Counsel:
Appellant : Mr D W L Renton
Respondent : In person
Solicitors:
Appellant : Commonwealth Director of Public Prosecutions
Respondent : In person
Case(s) referred to in judgment(s):
Liddington (1997) 97 A Crim R 400
Nunn v Kinnon (1988) 4 WAR 459
Pickett v Fox, unreported; SCt of WA (Murray J); Library No 930347; 15 June 1993
R v Purdon, unreported; CCA (NSW); Appeal No 60659; 27 March 1997
R v Rossi (1988) 4 WAR 463
Case(s) also cited:
Laxton v Justice (1985) 38 SASR 376
Lowe v The Queen (1984) 154 CLR 606
R v Tait (1979) 24 ALR 473
(Page 3)
- TEMPLEMAN J: The Crown has appealed against a sentence imposed on Mr Kevin Patrick Morrissey by a Stipendiary Magistrate sitting in Kalgoorlie.
1 Mr Morrissey pleaded guilty to two offences against s 1347 of the Social Security Act 1991. The offences involved Mr Morrissey in knowingly obtaining payments of disability support pension far beyond his entitlement to that pension. One offence involved the sum of $9158.70 and the other offence $477.30. In relation to the second offence the learned Magistrate imposed a fine of $250. There is no appeal from that sentence.
2 The offence in relation to…
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- Wilkinson v Morrissey [2000] WASCA 241
- Case
- [2000] WASCA 241
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CaseChat Overview and Summary
The appellant, Wilkinson, appealed against the sentence imposed by the Magistrates' Court for offences under the Social Security Act 1991. The central issue was whether the fines imposed for knowingly retaining pension far beyond the respondent's entitlement were adequate. Additionally, the appeal questioned whether the Magistrate properly considered the usual disposition for matters of this nature and the operation of section 20AB of the Crimes Act 1914 and section 67(2)(g) of the Sentencing Act 1995.
In addressing these issues, the court examined the Magistrate's assessment of the usual disposition for such offences and considered whether the penalties imposed were commensurate with the severity of the appellant's actions. The court emphasised the importance of proportionality and the need to ensure that the sentence reflects the gravity of the offence. It considered whether the Magistrate had adequately balanced the relevant sentencing principles and statutory provisions, including the deterrent effect of the sentence. Ultimately, the court concluded that the Magistrate had appropriately exercised their discretion and considered the statutory requirements in determining the sentence.
The appeal was dismissed, and the sentence imposed by the Magistrates' Court was upheld. The court found that the fines were adequate in the circumstances and that the Magistrate had properly considered the relevant sentencing principles and statutory provisions. The decision underscored the importance of proportionality in sentencing and the need to ensure that sentences are commensurate with the nature and circumstances of the offence.
In addressing these issues, the court examined the Magistrate's assessment of the usual disposition for such offences and considered whether the penalties imposed were commensurate with the severity of the appellant's actions. The court emphasised the importance of proportionality and the need to ensure that the sentence reflects the gravity of the offence. It considered whether the Magistrate had adequately balanced the relevant sentencing principles and statutory provisions, including the deterrent effect of the sentence. Ultimately, the court concluded that the Magistrate had appropriately exercised their discretion and considered the statutory requirements in determining the sentence.
The appeal was dismissed, and the sentence imposed by the Magistrates' Court was upheld. The court found that the fines were adequate in the circumstances and that the Magistrate had properly considered the relevant sentencing principles and statutory provisions. The decision underscored the importance of proportionality in sentencing and the need to ensure that sentences are commensurate with the nature and circumstances of the offence.
Orders
Orders of the court
Appeal dismissed
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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