R v Sarza [2021] NSWDC 616

District Court New South Wales

Medium Neutral Citation: R v Sarza [2021] NSWDC 616 Hearing dates: 17 September 2021 Date of orders: 24 September 2021 Decision date: 24 September 2021 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Sentence imposed one of 2 years and 3 months imprisonment Recognisance Release Order made. Order that the offender be released on a recognisance after serving 13 months of the sentence. Catchwords: CRIME — Fraud — Dishonestly obtain financial advantage by deception Legislation Cited: Commonwealth Criminal Code, s 134.2(1) Crimes Act 1914 (Cth), ss 16A(2)(g),17A, 19A, 19C, 20 Cases Cited: Johnston v R [2017] NSWCCA 53 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 Category: Sentence Parties: Rowena Sarza (Offender) Office of the Director of Public Prosecutions (Crown) Representation: Counsel: Mr Warr (Offender) Mr McLaren (Crown) File Number(s): 2020/319599 Publication restriction: Nil

SENTENCE

Introduction 1. The offender is to be sentenced having pleaded guilty to the following offence: that between 14 October 2008 and 4 September 2009 at Plumpton, Colebee and elsewhere she did by deception dishonestly obtain a financial advantage, namely the age pension belonging to another, namely, the Commonwealth, being a Commonwealth entity. That is an offence under s 134.2(1) of the Commonwealth Criminal Code and has a maximum penalty of ten years imprisonment and/or a fine equivalent to 600 penalty units. The offence is a Commonwealth offence and the offender is to be sentenced in accordance with the provisions of Part 1B of the Commonwealth Crimes Act