Winchester58 A Crim R 345
no record for SS fraud
MT 12mAT 4m
AACSO would have been appropriate but already served one month.12 GBB
Female - Continued to collect supporting parents benefits, Nov 1984 - Dec 1987.
HullNSW CCA 14.10.1994
3 x s.29B
3yreleased on recog after 18m
Female - Overpayment of pensions (failure to notify changes). No use of false names regarded as mitigating factor on appeal. Repayment being made through pension and mortgage on the house. Age, tragic history with government institutions and health.
Receipt of unemployment and sickness benefits over 7 years - Failed to mention wife's employmentIll health
11 x s.29B
Priors, include stealing
2y 3mNPP 15m
Receipt of social security benefits over 7 years in 3 names. Mother of four year old son, suffering depression, anxiety disorder.
4y GBB$12,000 fine
Elderly couple - receipt of service pensions from Dept Veterans Affairs over 10 years - non-disclosure of interest in property - full restitution - ill health of wife.
29 x s.29B
14mreleased on recog after 2m
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)NSW CCA 12.3.1999
7 x s.29B
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.
Lopez(22)NSW CCA 12.3.1999
4 x s.29B
AA18m PD(1m PSC)
In receipt of two social security payments over 4 year period. Committed offences out of need for 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..
Hart(74)NSW CCA 26.7.1999
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.Suffering poor health.Non disclosure less serious than positive misrepresentation.
White(23)NSW CCA 3.9.2001
5 x s.29B
AAFT 2m 3w (already served)PD 15m (NPP 6m)
A 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
3y 9mNPP 2y 6m
AA to rearrange sentences:total sentence retained
As administrative officer of Centrelink fraudulently obtained money over 4 months.Bad health of wife and appellant.Principles of Pearce breached by single sentence.
Higgins(35)(2002) 133 A Crim R 385
record for drugs and dishonesty
18mreleased on recog after 6m
Collected benefits over 5 years - Used assumed names and false documentationSuffering HIV
HuntNSW CCA 3.12.2002
2 x s.29B
fraud, stealing, assault
PD 2y (NPP 18m)
Used false particulars to obtain Newstart Allowance - Obtained $23,669.60 over three years whilst receiving valid Disability Support Pension - Also obtained $7,864.46 over nine months under similar circumstances.
Sanchet v DPPNSW CCA 11.9.2006
40 x s.29B21 x s.135.1 Criminal Code
High degree of planning and sophistication - offences committed over four years using 22 false identitiesTraumatic background - Kuwaiti - suffering PTSD and depression - assistance
CharkawiNSW CCA 4.7.2008
2 x s.29B4 x s. 135.1
4yNPP 2y 6m
Over 6 years used false identities to obtain social security payments - well-planned.Able to repay $45k
OrdNSW CCA 8.8.2008
3 x s.29B6 x s.135.1
Total 18m to be released on recognisance after serving 10 months 2 weeks.
Applicant 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.
YarakNSW CCA 11.12.2008
3 x s.29B3 x s.135.1
Total 2y to be released on recognisance after serving 15 months.
Over 7 year period applicant claimed single parenting payments whilst employed full-time.Care of young child at time of sentence.
Ivanovic(53-58)NSW CCA 3.2.2009
4 x s.29B3 x s.135.1(5)
2y 9mreleased after 12m for 12m
Received pensions over 5y period while employed or in receipt of other pension or workers compensation paymentsPhysical disabilities - reparation
DISTRICT COURT CASES
DPP v JabrealNSWDC Cogswell SC DCJ25.10.2007
3 x s.29B3 x s.135.1 Criminal Code
Female failed to declare income while receiving payments over 7 years - admitted fraud to departmentFrom Iraq - money spent supporting husband and four sone - husband failed to work and gambled money - need not greed - some remorse
Cogswell SC DCJ
10 x s,29B
Female failed to declare income while receiving payments over 11 years � worked under different name
Voluntarily ceased payments � suffering depression and anxiety - $12,000 repaid