Regina (Commonwealth) v Virginia Jabreal [2007] NSWDC 361

New South Wales District Court

CITATION: Regina (Commonwealth) v Virginia Jabreal [2007] NSWDC 361

JUDGMENT DATE: 25 October 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Overall sentence of 18 months periodic detention with a non-parole period of 6 months.

CATCHWORDS: Criminal law - Sentence - Commonwealth offences - Social security fraud - Voluntary cessation of criminal activity - Need not greed - Payments used to support children - Late husband a compulsive gambler - Repayments voluntarily made - No prior convictions - First time in custody - Special circumstances - Periodic detention

LEGISLATION CITED: s 29B Crimes Act 1914 (Cth) s135.1(5) Criminal Code (Cth)

Regina v Burns [2007] NSWCCA 228 Regina v Hayman [2003] NSWCCA 138 CASES CITED: Regina v Janceski NSWCCA, unreported, 1 March 2006 Regina v Martinsen [2003] NSWCCA 144 Regina v Molesworth [1999] NSWCCA 43 Regina v Purdon NSWCCA, unreported, 27 March 1997

PARTIES: Regina (Commonwealth) Virginia Jabreal

FILE NUMBER(S): 07/21/3075

COUNSEL: Mr Nematalla for the offender

SOLICITORS: Ms McKenzie for the Commonwealth DPP

SENTENCE 1. I am sentencing Virginia Jabreal. She has been charged with three offences under s29B of the Crimes Act 1914 of the Commonwealth. In addition, she has been charged with three offences under s135.1(5) of the Criminal Code 1995 of the Commonwealth. Each of the s29B offences carries a maximum penalty of two years imprisonment, and the s135.1 offences carry a maximum penalty of five years imprisonment.