R v Barker [2024] NSWDC 317

District Court New South Wales

Medium Neutral Citation: R v Barker [2024] NSWDC 317 Hearing dates: 9 November 2023, 2 February 2024 and 23 May 2024 Date of orders: 23 May 2024 Decision date: 23 May 2024 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1. Genevieve Astrid Barker is convicted. 2. I impose a term of imprisonment of 2 years to date from today. 3. Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (23 May 2024) and expire on 22 May 2026. 4. The offender must report to the Gosford Community Corrections Office on or before 4pm on 30 May 2024. 5. The standard conditions of the order apply: a. the offender must not commit any offence; and b. the offender must submit to supervision by a Community Corrections Officer. 6. The following additional conditions apply: a. the offender must receive treatment for her mental health as reasonably directed by Community Corrections. Catchwords: CRIME — Fraud — Dishonestly obtain financial advantage by deception Legislation Cited: Crimes Act 1914 (Cth) Criminal Code (Cth) Cases Cited: Bugmy v The Queen (1990) 169 CLR 525 Deakin v The Queen (1984) 58 ALJR 367 Hili v The Queen (2010) 253 CLR 58 Johnson v The Queen (2004) 78 ALJR 616 Mandranis v R [2021] NSWCCA 97 Power v The Queen (1974) 131 CLR 623 R v El Karhani (1990) 21 NSWLR 370 R v Olbrich (1999) 199 CLR 270 R v Zamagias [2002] NSWCA 17 Category: Sentence Parties: Rex (Crown) Genevieve Barker (Offender) Representation: Counsel: J O'Sullivan (Offender)