Regina v Hart [1999] NSWCCA 204

New South Wales Court of Criminal Appeal CITATION : Regina v Hart [1999] NSWCCA 204 FILE NUMBER(S) : CCA 60340/99 HEARING DATE(S) : 26 July 1999 JUDGMENT DATE : 26 July 1999

PARTIES : Regina v Norma Elaine Hart JUDGMENT OF : Sperling J at 2; Meagher JA at 19; Simpson J at 20

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/41/0307 LOWER COURT JUDICIAL OFFICER : Garling DCJ

COUNSEL : C P O'Donnell (Crown) P Little (Respondent) SOLICITORS : Commonwealth DPP (Crown) W R Goodman & Associates (Respondent) CATCHWORDS : Criminal Law and Procedure: Crown Appeal against sentence; social security fraud, exceptional case due to ill health, disabilities and age. CASES CITED: De Vroome (1988-9) 38 A Crim R 146, Mears (1991) 53 A Crim R 141, Medina (CCA, 28 May 1990, unreported), Price (CCA, 2 September 1993, unreported), Purdon (CCA, 27 March 1997, unreported), Redden (CCA, 18 July 1997, unreported), Sopher (1993) 70 A Crim R 570, Winchester (1992) 58 A Crim R 345 DECISION : Appeal dismissed

IN THE COURT OF CRIMINAL APPEAL 60340/99 MEAGHER JA SIMPSON J SPERLING J Monday 26 July 1999

REGINA v Norma HART

JUDGMENT

1 MEAGHER JA: I will ask Mr Justice Sperling to give the first Judgment. 2 SPERLING J: This is a Crown appeal against sentence. The respondent's husband died on 12 May 1987. On 18 May 1987, the respondent applied for an aged pension which became payable on 28 May 1987. 3 During his lifetime, the respondent's husband was in receipt of Commonwealth superannuation payments. Following his death, an entitlement to such payments accrued to the respondent. Such payments commenced on 27 August 1997, with arrears to 13 May 1987. Thereafter, the respondent continued to draw the aged pension without disclosing the receipt of the superannuation payments. Had disclosure been made, the aged pension would have been reduced.