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This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon. 

 

Fraud - s.135.1 Criminal Code (Cth)

Dishonestly Obtain Gain or Cause Loss 

s.135.1 Criminal Code – Commenced 24.5.2001
(1) Doing anything with the intention of dishonestly obtaining a gain from a Commonwealth entity.
(3) Doing anything with the intention of dishonestly causing a loss to a Commonwealth entity.
(5) Dishonestly causing a loss, or dishonestly causes a risk of loss, to a Commonwealth entity, knowing or believing that the loss will occur or that there is a substantial risk of the loss occurring
(7) Doing anything with the intention of dishonestly influencing a Commonwealth public official in the exercise of the official's duties as a public official
Penalty for all subsections: Imprisonment for 5 years. 

Case
(age if known)

OffenceAmountPleaRecordSentenceAppealFacts

Hayman

[2003] NSWCCA 138

s.29D (Cth) Crimes Act [10y]

 

s.135.1(5)

$50,000PGNil

18m

 

 

18m

(concurrent)

 

NPP 12m

AA

12m

 

12m

(concurrent)

 

NPP 6m

Female – continued to claim benefits after reconciling with partner – some payments made through parents' house indicating intent

Difficult domestic situation – good character – care of children

Reparation order of $48,705 also made

Wood

(71 at sentence)

[2005] NSWCCA 233

3 x s.29D (Cth) Crimes Act [10y]

 

s.135.1(5)

$151,170PG 3mAD

Female - received widow's pension over 14y – need not greed

All money repaid – poor health – care of mentally retarded daughter

Sanchet v DPP

[2006] NSWCCA 291

40 x s.29B (Cth) Crimes Act [2y]

 

21 x s.135.1(5)

$402,967

PG

(1/3 plea and assist)

 

6y

NPP 4y

AD

High degree of planning and sophistication – offences committed over four years using 22 false identities

Traumatic background – Kuwaiti – suffering PTSD and depression - assistance

Thomas

(38)

[2006] NSWCCA 313

s.135.1(5)

 

s.135.1(5)

$86,181PGDishonesty

18m

 

18m

 

Total:

2y 6m

NPP 12m

AD

Female – changed name twice to escape difficult domestic situation – subsequently claimed benefits in all three names over 3 years

Impact of custodial sentence on children

Evans

[2006] NSWCCA 349

s.29D (Cth) Crimes Act [10y]

 

s.135.1(5)

$164,721.30VG 

2y 4m

NPP 12m

 

FT 1m

(concurrent)

ADMigrated from Greece and changed name – claimed benefits over 6 years in both names

Bick

[2006] NSWCCA 408

11 x s.29D (Cth) Crimes Act [10y]

 

3 x s.135.1(5)

$309,351PG 

4y 6m

NPP 3y 6m

ADReceived benefits over 11 years – used five false names and false documents

Murphy

(24-25)

[2007] NSWCCA 18

11 x s.135.1(1)$375,895

PG

(25%)

Nil

3y 3m

NPP 2y 3m

AA

3y 3m

NPP 2y

Centrelink employee – changed bank account details – offences committed over 18 months

Townsend

(84)

[2007] NSWCCA 215

2 x s.29B (Cth) Crimes Act [2y]

 

2 x s.29D Cth) Crimes Act [10y]

 

2 x s.135.1

Over $90,000PG 

6m

 

 

3y

 

 

1y 6m

 

All suspended for 3y

Crown AD

Over thirty years claimed widow's pension while married or in receipt of other pensions

Crown appeal dismissed in view of age and serious health issues – otherwise offences should have received custodial sentence

McGuiness

(60)

[2008] NSWCCA 80

s.29B (Cth) Crimes Act [2y]

 

3 x s.29B (Cth) Crimes Act [2y]

 

 

s.135.1(5)

 

s.135.1(5)

 

s.135.1(5)

$55,132

PG

(20%)

Nil

9m

 

 

3m

 

 

3m

 

9m

 

12m

 

Total:

2y

Released to recog after 10m

AA

6m

 

3m

 

 

3m

 

6m

 

9m

 

Total:

12m

Released to recog after 4m 20d (immed)

Received partner allowance over 6 years without disclosing part time employment – included falsely signing document

Husband sentenced for related offences – poor health – all money repaid by appeal – delay in prosecution – money used to support household

Charkawi

[2008] NSWCCA 159

2 x s.29B (Cth) Crimes Act [2y]

 

4 x s.135.1(5)

Over $106k

PG

(10%)

dishonesty

4y

NPP 2y 6m

AD

Over 6 years used false identities to obtain social security payments – well-planned.

Able to repay $45k

Ord

[2008] NSWCCA 162

3 x s.29B (Cth) Crimes Act [2y]

 

6 x s.135.1(5)

$75kPG 

18m

released to recog after 10m 2w

AD

Claimed welfare benefits by falsely stating she had care of her children when children were in care of grandparents.

Care of young child at time of sentence – no longer drug dependent.

Yarak

[2008] NSWCCA 298

3 x s.29B (Cth) Crimes Act [2y]

 

3 x s.135.1(5)

$75k

PG

(25%)

Nil

2y

released on recog after 15m

AD

Over 7y period claimed single parenting payments whilst employed full-time.

Care of young child at time of sentence.

Ivanovic

(53-58)

[2009] NSWCCA 28

4 x s.29B (Cth) Crimes Act [2y]

 

3 x s.135.1(5)

$49,012.64PGDishonesty

2y 9m

released to recog after 12m

AD

Received pensions over 5y period while employed or in receipt of other pension or workers compensation payments

Physical disabilities - reparation

Milne

(late 50s)

[2012] NSWSC 1538

Fullerton J

s.135.1(1)Tax liability $415,474PGSentenced for fraud / money laundering shortly before

2y

(partially accum to existing sentence)

 

Lodged three income tax returns at same time – failed to declare consultancy fees of over $900.000

Delay – major depressive disorder – motivated by personal greed

Thomson

[2014] NSWCCA 88

2 x s.135.1(5)$54,771.67

PG

(10%)

 

2y 6m

released after 14m

AD

Received Newstart allowance and disability support pension without disclosing already receiving disability support pension – used different name – offence committed over four years.

Repaid $5,824.90

Masri

[2015] NSWCCA 243

s.135.1(3) VG 

16m

released after 10m

AD

Party to joint criminal enterprise with another man to import cigarettes in containers that falsely represented contents were float glass and aluminium frames to avoid customs duties - role was "not insignificant"

Motivated by financial greed

Afiouny

(33)

[2017] NSWCCA 23

s.135.1(5)$17.7m

PG

(25% - plea and assist)

Breached bail for bribery offence

20m

NPP 8m

(cumulative to existing sentence)

AD

Significant role as advisor in sophisticated and concerted scheme to illegally import cigarettes and tobacco – not principal and not involved in selling or distribution – actual loss of duty $3.5m – potential loss of further $14.2m – mid range offence

Limited assistance to authorities

Last Updated: 11/12/2017

 

 

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