R v CAMPBELL [2010] NSWDC 150

New South Wales District Court

CITATION: R v CAMPBELL [2010] NSWDC 150

HEARING DATE(S): 4 June 2010 EX TEMPORE JUDGMENT DATE : 4 June 2010

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: On count 1 I set a fixed term of two and a half years. On count 3 I set a fixed term of six months. On count 2 the offender is sentenced to imprisonment consisting of a non-parole period of three years and a head sentence of five years. Reparation order of $363,367.25

CATCHWORDS: CRIMINAL LAW - Sentence - Obtain financial advantage - Fraudulent claims - Diesel and Alternative Fuel Grant Scheme

LEGISLATION CITED: Crimes Act 1914 (Cth)

PARTIES: The Crown Ian Robert Campbell

FILE NUMBER(S): DC 2009/00028888; DC 2009/00111722; DC 2009/00202952

COUNSEL: Mr S Hanley - Offender

SOLICITORS: Director of Public Prosecutions (Cth) Ryan & Bosscher Lawyers - Offender

SENTENCE

1 HIS HONOUR: Ian Robert Campbell appears for sentence today having pleaded guilty this afternoon to an indictment containing three counts. He had earlier pleaded guilty at the Local Court to these same charges, the indictment being necessary because of some defect in the committal papers. So despite the fact that he has pleaded guilty today, the Crown accepts that he pleaded guilty at an early opportunity.

2 Those three charges are all offences of obtaining a financial advantage from the Commonwealth by lodging claim forms containing false statements. The offender had a remarkably simple but fatally flawed scheme of operation. He took advantage of the Diesel and Alternative Fuel Grant Scheme which commenced on 1 July 2000. That scheme was designed to provide cash rebates to businesses in certain industries to subsidise their vehicle fuel expenses. The scheme requires that those who wish to make a claim must register their businesses for the rebate scheme, nominate the vehicles which are the subject of claims and provide bank account details for the ATO to pay the rebates.