The Queen v Matijevic, Bonita Matijevic, Bonita v The Queen [1997] FCA 992

CATCHWORDS

CRIMINAL LAW - appeal against leniency of sentence; cross-appeal against conviction. SENTENCE - charge of defrauding the Commonwealth - offence proven but no conviction entered by sentencing judge - considerations to be taken into account in declining to enter conviction. CONVICTION - whether conviction unsafe and unsatisfactory - whether trial judge erred in failing to discharge jury when cross-examination suggested fraudulent conduct outside the dates specified in the indictment. Crimes Act (Cth) 1914: ss 16A, 19B, 20, 29C, 29D Public Service Act 1922: s 76R

M v The Queen 181 CLR 487 S v The Queen 168 CLR 266 Harriman v The Queen 167 CLR 590 Josip Sladic (1995) 86 A CRIM R 175 ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY THE QUEEN v. BONITA MATIJEVIC and BONITA MATIJEVIC v. THE QUEEN No ACT G 60 of 1996 Court: Gallop, Davies and Mathews JJ Place: Canberra Date: 15 July 1997

IN THE FEDERAL COURT OF AUSTRALIA ) AUSTRALIAN CAPITAL TERRITORY ) No ACT G 60 of 1996 DISTRICT REGISTRY ) GENERAL DIVISION )

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: THE QUEEN Appellant AND: BONITA MATIJEVIC Respondent AND: BONITA MATIJEVIC Cross Appellant AND: THE QUEEN Cross Respondent COURT: Gallop, Davies and Mathews JJ PLACE: Canberra DATE: 15 July 1997

MINUTE OF ORDER

THE COURT ORDERS THAT: 1. The cross-appeal is dismissed. 2. The appeal is allowed and the orders purporting to be made under s 19B of the Crimes Act 1914 are quashed. In lieu thereof a conviction is entered on each count; the respondent is to be released upon her giving security without surety by recognizance in the sum of $500.00 to be of good behaviour for a period of two years. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.