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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.29B Crimes Act 1914 (Cth)

Maximum Penalty: 2 years

Repealed 24.5.2001 

Case

(age if known)

OffenceAmountPleaRecordSentenceAppealFacts

Winchester

(1992) 58 A Crim R 345

s.29B$24,586.80PGno record for SS fraud

MT 12m

AT 4m

AA

12 GBB

CSO would have been appropriate but already served one month

Female - continued to collect supporting parents benefits - Nov 1984 - Dec 1987

Hull

NSWCCA 14.10.1994

3 x s.29B$76,000PGnil

3y

released on recog after 18m

AA

12m PD.

Female - overpayment of pensions - failure to notify changes - no use of false names

Repayment being made through pension and mortgage on the house – age - tragic history with government institutions and health

Godbier

NSWCCA

27.3.1997

3 x s.29B$40,224PGFalse pretences6m PDAD

Receipt of unemployment and sickness benefits over 7 years – failed to mention wife's employment

Ill health

Herrera

NSWCCA

6.6.1997

11 x s.29B$90,073VGPriors, include stealing

2y 3m

NPP 15m

AD

Receipt of social security benefits over 7 years in 3 names

Mother of 4y son - suffering depression and anxiety disorder.

Redden

(77)

 

Redden

(female)

(74)

 

NSWCCA

18.7.1997

s.29B

 

 

s.29B

 PGnil

4y GBB

$12,000 fine

 

4y GBB

$12,000 fine

Crown AD.

Elderly couple – received service pensions from Dept Veterans Affairs over 10 years - non-disclosure of interest in property

Full restitution - ill health of wife.

Karaiskakis

(30)

NSWCCA

3.4.1998

29 x s.29B$226,971PGnil

14m

released on recog after 2m

AD

Used position and knowledge as tax auditor to obtain false tax refunds - opened false bank account.

All money recovered - good subjective features - young daughter suffering serious illness

Molesworth

(68)

[1999] NSWCCA 43

7 x s.29B$73 327.32PG 

18m

NPP 12m

AD

Received widow's pension while employed and falsified records.

Motivated by gambling addiction and break up of destructive marriage – lonely - no likelihood of making full reparation.

Hart

(74)

[1999] NSWCCA 204

s.29B$75,597PGsimilar offence300h CSO

Crown AD

(exceptional medical condition of appellant)

Female - failed to declare receipt of husband's superannuation payments after his death - continued to receive pension - overpayments made over ten years – Non-disclosure less serious than positive misrepresentation

Suffering poor health

Lopez

(22)

[1999] NSWCCA 245

4 x s.29B$23,891.66PG 6m

AA

18m PD

(1m PSC)

In receipt of two social security payments over 4 year period - needed money to bring wife out from Peru - stopped claiming second payment 12 months prior to being discovered.

Arrangement made to repay money from salary - contrition and remorse - delay in proceedings.

White

(23)

[2001] NSWCCA 343

5 x s.29B$41,179

PG

(20%)

nil

18m

NPP 9m

AA

FT 2m 3w

(already served)

PD 15m

NPP 6m

Claimed and received differing benefits from DSS to which she was not entitled in her mother's name.

Good character - repaying debt to Cth - single mother of child - hardship to child

Thompson

(2002) 130 A Crim R 24

36 x s.29B$20,190VG 

3y 9m

NPP 2y 6m

AA

To rearrange sentences - total sentence retained

Administrative officer of Centrelink fraudulently obtained money over 4 months.

Bad health of wife and offender

Higgins

(35)

(2002) 133 A Crim R 385

3 x s.29B$52,599.26PGrecord for drugs and dishonesty

18m

released on recog after 6m

AA

6m

12m recog

(cumulative)

Collected benefits over 5 years - used assumed names and false documentation

Suffering HIV

Hunt

[2002] NSWCCA 482

2 x s.29B$30,354.06PGfraud, stealing, assault

PD 2y

NPP 18m

Crown ADUsed false particulars to obtain Newstart Allowance - received $23,669.60 over three years whilst receiving valid Disability Support Pension – received $7,864.46 over nine months under similar circumstances.

Sanchet v DPP

[2006] NSWCCA 291

40 x s.29B

 

21 x s.135.1(5) (Cth) Criminal Code [5y]

$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

McGuiness

(60)

[2008] NSWCCA 80

s.29B

 

 

3 x s.29B

 

s.135.1(5) (Cth) Criminal Code [5y]

 

s.135.1(5) (Cth) Criminal Code [5y]

 

s.135.1(5) (Cth) Criminal Code [5y]

$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

 

4 x s.135.1(5) (Cth) Criminal Code [5y]

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

 

6 x s.135.1(5) (Cth) Criminal Code [5y]

$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

 

3 x s.135.1(5) (Cth) Criminal Code [5y]

$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

 

3 x s.135.1(5) (Cth) Criminal Code [5y]

$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

Last updated: 11/12/2017

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