Commonwealth Service Delivery Agency V Marcus John BRASZELL [2009] NSWLC 13

Local Court of New South Wales

CITATION: Commonwealth Service Delivery Agency V Marcus John BRASZELL [2009] NSWLC 13

JURISDICTION: Criminal

PARTIES: Commonwealth Service Delivery Agency Marcus John Braszell

FILE NUMBER:

PLACE OF HEARING: Albury Local Court

DATE OF DECISION: 10/13/2009

MAGISTRATE: Magistrate Lerve

CATCHWORDS: CRIMINAL LAW – Sentence – Social Security Fraud – need for general deterrence – delay in bringing charges -custodial sentence only sentence appropriate.

LEGISLATION CITED: Crimes Act 1914 (Cth) s. 3ZL; s. 16A; s. 17ACriminal Code 1995 (Cth) s. 135.2(1)

Cameron –v- The Queen (2002) 209 CLR 339 Charkowi [2008] NSWCCA 159 CASES CITED: Grenfell [2008] NSWCCA 162Hinton (2002) 134 A Crim R 286 Ivanovic [2009] NSWCCA 28 Shen [2009] NSWCCA 251To [2007] NSWCCA 200 Zamagias [2002] NSWCCA 17

TEXTS CITED:

REPRESENTATION: Ms Chan for the DPP (Cth) (on sentence) Mr P Robb, Solicitor of Robb & Associates Solicitors of Albury for the offender

ORDERS:

IN THE LOCAL COURT OF NEW SOUTH WALES

Remarks on Sentence

The charges

1. On 11 August 2009 after a hearing that went over part of two days the following offences were found proven against the offender: (He) between 13 October 2004 and 2 January 2007 at Albury in the State of New South Wales engaged in conduct and as a result of that conduct obtained a financial advantage for himself, namely Disability Support Pension at a higher rate than otherwise entitled, from another person, namely Centrelink, a Commonwealth entity, knowing or believing that he was not eligible to receive that financial advantage, and further that (He) between 11 April 2007 and 25 March 2008 at Albury in the State of New South Wales engaged in conduct and as a result of that conduct obtained a financial advantage for himself, namely Disability Support Pension at a higher rate than otherwise entitled, from another person, namely Centrelink, a Commonwealth entity, knowing or believing that he was not eligible to receive that financial advantage.