Nikoljic v WorkCover Authority [2008] NSWDC 36

New South Wales District Court

CITATION: Nikoljic v WorkCover Authority [2008] NSWDC 36

HEARING DATE(S): 26 February 2008 EX TEMPORE JUDGMENT DATE : 26 February 2008

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: The appeal is dismissed and the orders of the magistrate are confirmed

CATCHWORDS: Criminal law - Judgment - Severity Appeal - Obtaining a benefit by deception

PARTIES: Kolja Nikoljic Workcover Authority

FILE NUMBER(S): 08/12/0114

COUNSEL: A.C. Casselden (Respondent)

SOLICITORS: Legal Aid Commission (Appellant) WorkCover Authority

JUDGMENT

1 HIS HONOUR: Kolja Nikoljic appeals against four sentences of imprisonment imposed by a magistrate after the appellant pleaded guilty to four counts of obtaining a benefit by deception. In relation to each of those counts there are associated forms 1 relating to other similar offences.

2 In overall terms, taking into account the four offences plus the four forms 1, the appellant defrauded insurers of the sum of $363,642.63. I have looked at the matter in overall terms at this stage because of Ms Rodger's submissions, they being focused on the overall term imposed by the magistrate of imprisonment for four years and two months with a non-parole period of three years and two months.

3 The sentences imposed by the magistrate also should be looked at individually. For the first matter he received 289 days imprisonment, that being a fixed term. Identical sentences were imposed on the second and third matters. But on the fourth there was a sentence of 654 days imposed with a non-parole period of 289 days. All of those sentences were ordered to be served cumulatively.