Mundy v R (No. 2) [2022] NSWDC 757

District Court New South Wales

Medium Neutral Citation: Mundy v R (No. 2) [2022] NSWDC 757 Date of orders: 19 October 2022 Decision date: 19 October 2022 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: At [12] Catchwords: CRIME — Appeals — Appeal against sentence CRIME — Fraud — Dishonestly obtain financial advantage by deception Legislation Cited: Crimes Act 1914 (Cth) Cases Cited: Mundy v R [2022] NSWDC 316 Category: Sentence Parties: Claudette Joan Mundy (Appellant) Commonwealth Director of Public Prosecutions (Respondent) Representation: Matilda Bogart (solicitor for the Appellant (ALS))

Ella Gordon (solicitor for the Respondent (CDPP)) File Number(s): 2022/00059046 Decision under appeal Court or tribunal: Local Court Jurisdiction: Criminal Date of Decision: 01 March 2022 Before: Dick LCM File Number(s): 2022/00059046

REVISED EX TEMPORE JUDGEMENT

INTRODUCTION 1. Claudette Joan Mundy appeared in the District Court of New South Wales in the Bega sittings commenced on Monday May 23, 2022. She was there appealing from the orders of the magistrate imposed in Bega on March 1, 2022. The matters were reached by me on Thursday June 9, 2022 and after hearing evidence on that day, I delivered judgement: Mundy v R [2022] NSWDC 316.

THE PROCEEDINGS TO DATE 1. I have had the benefit of reviewing my judgement where I noted the facts and circumstances upon which the charges that she faced were brought. I commented in that judgement upon the significance of the misconduct and noted the matters that were required for consideration by force of s 16A(2) Crimes Act 1914 (Cth). 2. I provided a brief summary of the facts which are more fulsome in the document included in the Crown bundle marked Exhibit A in the proceedings. I do not propose to revisit that document; it will remain on the Court file as part of the evidence before me and is available for review if another Court or judicial officer requires access to it. 3. The orders made included that she will be released from custody to a staff member of Katungul Aboriginal Corporation on 5 July 2022 to be taken directly to "The Glen" a residential rehabilitation facility at Wyong Creek. She was there to reside from that time forward and participate in the 12-week residential rehabilitation program, not to leave or cause her discharge during that program. She was to comply with the reasonable directions and was not to leave the centre unless in the company of staff or an officer of New South Wales Corrective Services and she was not to possess or consume any alcohol or illicit substances or prescription medication other than that which was prescribed for her, and she was required to submit to alcohol and drug testing via Australian Federal and New South Wales police if requested to do so by member of those police forces. I explained those conditions to the appellant.