Pride v The Queen [2010] NSWDC 191

New South Wales District Court

CITATION: Pride v The Queen [2010] NSWDC 191 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 12 August 2010

JUDGMENT DATE: 19 August 2010

JURISDICTION: Criminal

JUDGMENT OF: Walmsley SC DCJ

DECISION: Appeal allowed. Conviction and sentence set aside.

CATCHWORDS: CRIMINAL LAW > Fraudulently or deceptively obtaining money, valuable, financial benefit or advantage from Centrelink > s 135.2 Criminal Code Act, 1995 (Cth) > Omission to report changed circumstances > Whether section creates offence by way of omission > Offence charged not known to law - DOCTRINE OF PRECEDENT> Commonwealth legislation > Decision of interstate intermediate appellate court > NSW District Court bound unless plainly wrong

Criminal Code Act, 1995 (Cth) LEGISLATION CITED: Social Security (Administration) Act 1999 (Cth) Social Security Act 1964 (NZ)

CASES CITED: Poniatowska v Commonwealth Director of Public Prosecutions (Cth) [2010] SASCFC 19 (2 August 2010). Australian Securities Commission v Marlborough Gold Mines Ltd (1993) 177 CLR 485.

FILE NUMBER(S): 2009/00211007

Appellant - Mr S Hodges SOLICITORS: Crown - Ms R Ogden

1. On 9 April 2010 the appellant, Ms Pride, was convicted in the Local Court at the Downing Centre, of two counts, contrary to the provisions of s 135.2(1) Criminal Code Act, 1995 (Cth).

2. Both counts concern her receipt of Centrelink payments, namely the Youth Allowance, to which she was not entitled. She was not entitled to the allowance because of earnings from several jobs she had at relevant times.