R v Robert BARLOW [2007] NSWDC 225

New South Wales District Court

CITATION: R v Robert BARLOW [2007] NSWDC 225

HEARING DATE(S): 1 August 2007

JUDGMENT DATE: 3 August 2007

JURISDICTION: Criminal

JUDGMENT OF: Nield DCJ

DECISION: See paragraphs 30 - 33

CATCHWORDS: CRIMINAL LAW - SENTENCE - COMMONWEALTH - Offences of dishonestly receiving a social security benefit

LEGISLATION CITED: Crimes Act 1914 (Cth) s 16A, 16F, 19AC, 29B, 29D Criminal Code (Cth) s135(1)

PARTIES: Crown Robert Barlow

FILE NUMBER(S): 07/31/1010

COUNSEL: C. Dobraszcsyk (Crown) B. Hewson (Offender)

SOLICITORS: M. Conn (Commonwealth DPP)

JUDGMENT HIS HONOUR: 1 As to the sentencing of Robert John Barlow. He was born on 19 October 1954. He is aged 52 years, nine months.

2 The offender is the second child of his parents four children. His father is deceased. He has a good, if not close, relationship with his mother and siblings.

3 The offender's upbringing was difficult and he was unhappy and considered to be uncontrollable. He left his parents' home when he was aged 13 years and moved to the country in search of employment.

4 The offender's education was limited because he was expelled from high school when he was aged 13 years.

5 After leaving school, the offender moved to the country where he obtained employment. He has held various employments of an unskilled or semi-skilled kind until 2004 when he ceased paid employment.

6 The offender is married and he and his wife are the parents of three children, all of whom are adult and self supporting and with all of whom he has a close relationship. His wife is dependent upon him.

7 The offender's life changed during 1984 when he witnessed a close friend and the friend's son die in a truck, which burst into fire after an accident. After this incident he commenced to consume intoxicating liquor to excess and to use prohibited drugs. His other vice was gambling. He commenced to commit the offences with which I am concerned when his consumption of intoxicating liquor, use of prohibited drugs and gambling got out of his control. All of the money that he received from the Department of Social Security and its successor has been spent on intoxicating liquor, prohibited drugs and gambling.