R v Thomson [2020] NSWDC 337

District Court New South Wales

Medium Neutral Citation: R v Thomson [2020] NSWDC 337 Hearing dates: 1 August 2019; 9 September 2019; 13 September 2019; 8 November 2019; 15 November 2019; 13 December 2019 14 February 2020 Date of orders: 14 February 2020 Decision date: 14 February 2020 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted on each count. Indicative sentences of imprisonment: Count 1 - SEQ 012 [+ Form - s16BA offence SEQ 113]: 18 months Count 2 - SEQ 011: 22 months Count 3 - SEQ 001: 32 months Count 4 - SEQ 004: 44 months Aggregate sentence: The offender is sentenced to a term of imprisonment for 5 years comprising of a NPP of 3 years commencing on 9/1/18 and expiring on 8/1/21 and a balance of term of 2 years to commence on 9/1/21 and to expire on 8/1/23. To be released to parole on 8/1/21. Pursuant to s21B CA 1914 I order that the sum of $169,986 be paid by the offender to the Commonwealth as repayment of the monies obtained from Newstart and the Disability Pension. Catchwords: CRIME – Sentence – knowingly make false/misleading statement re Australian travel doc - dishonestly obtain a financial advantage by deception - furnish false/misleading information to Medicare – make false statement to obtain/renew/endorse Australian Passport - possess or control passport not issued to self – lengthy & significant delays to sentence proceedings, "chequered history" – relevance to remorse and contrition – subjective matters – seriousness of offences - regret is not the same as remorse - aggregate sentence Legislation Cited: Australian Passports Act 2005 Crimes Act 1914 (Cth) Criminal Code 1995 Health Insurance Act 1973 Passports Act 1938 Cases Cited: Xiao v R (2018) 96 NSWLR 1 Category: Sentence Parties: Regina Paul Frank Thomson Representation: Counsel: Crown: Mr T Muir Defence: Ms D Hawkins Solicitors: Crown: Mr F Farah Defence: Mr P Katsoolis File Number(s): 2018/00007965