| Case | Offence | Amount | Plea | Record | Sentence | Result | Facts |
Winchester
58 A Crim R 345 | s.29B | $24,586.80 | PG | no record for SS fraud | MT 12m
AT 4m | AA
CSO would have been appropriate but already served one month.
12 GBB | Female - Continued to collect supporting parents benefits, Nov 1984 - Dec 1987. |
Hull
NSW CCA 14.10.1994 | 3 x s.29B | $76,000 | PG | nil | 3y
released on recog after 18m | AA
12m PD. | 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. |
Godbier
NSW CCA
27.3.1997 | 3 x s.29B | $40,224 | PG | False pretences | 6m PD | AD | Receipt of unemployment and sickness benefits over 7 years – Failed to mention wife’s employment
Ill health |
Herrera
NSW CCA
6.6.1997 | 11 x s.29B | $90,073 | VG | Priors, include stealing | 2y 3m
NPP 15m | AD | Receipt of social security benefits over 7 years in 3 names. Mother of four year old son, suffering depression, anxiety disorder. |
Redden
(77)
Redden
(female)
(74)
NSW CCA
18.7.1997 | s.29B |  | PG | nil | 4y GBB
$12,000 fine | Crown AD. | 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. |
Karaiskakis
(30)
NSW CCA
3.4.1998 | 29 x s.29B | $226,971 | PG | nil | 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)
NSW CCA [43]
12.3.1999 | 7 x s.29B | $73 327.32 | PG | | 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. |
Lopez
(22)
NSW CCA [245]
12.3.1999 | 4 x s.29B | $23,891.66 | PG | | 6m | AA
18m 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 [204]
26.7.1999 | s.29B | $75,597 | PG | similar offence | 300h 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.
Suffering poor health.
Non disclosure less serious than positive misrepresentation. |
White
(23)
NSW CCA [343]
3.9.2001 | 5 x s.29B | $41,179 | PG | nil | 18m
NPP 9m | AA
FT 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 | $20,190 | VG | | 3y 9m
NPP 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 | 3 x s.29B | $52,599.26 | PG | record 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
NSW CCA [482]
3.12.2002 | 2 x s.29B | $30,354.06 | PG | fraud, stealing, assault | PD 2y (NPP 18m) | Crown AD | 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 DPP
NSW CCA [291]
11.9.2006 | 40 x s.29B
21 x s.135.1 Criminal Code | $402,967 | PG | | 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 |
Charkawi
NSW CCA [159]
4.7.2008 | 2 x s.29B
4 x s. 135.1 | Over $106k | PG | dishonesty | 4y
NPP 2y 6m | AD | Over 6 years used false identities to obtain social security payments – well-planned.
Able to repay $45k |
Ord
NSW CCA [162]
8.8.2008 | 3 x s.29B
6 x s.135.1 | $75k | PG | | Total 18m to be released on recognisance after serving 10 months 2 weeks. | AD | 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. |
Yarak
NSW CCA [298]
11.12.2008 | 3 x s.29B
3 x s.135.1 | $75k | PG | Nil | Total 2y to be released on recognisance after serving 15 months. | AD | 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 [28]
3.2.2009 | 4 x s.29B
3 x s.135.1(5) | $49,012.64 | PG | Dishonesty | 2y 9m
released after 12m for 12m | AD | Received pensions over 5y period while employed or in receipt of other pension or workers compensation payments
Physical disabilities - reparation |
