R v DOYLE [2001] NSWCCA 252

Reported Decision : 123 A Crim R 151

New South Wales Court of Criminal Appeal

CITATION : R v DOYLE [2001] NSWCCA 252 FILE NUMBER(S) : CCA 60399/00 HEARING DATE(S) : 21 May 2001 JUDGMENT DATE : 21 May 2001

PARTIES : Regina Edward Emmett DOYLE JUDGMENT OF : Spigelman CJ at 57; Hulme J at 1; Howie J at 49

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 70063/98 LOWER COURT JUDICIAL Hulme J OFFICER :

COUNSEL : Crown: DG Staehli Appellant: CB Craigie SOLICITORS : Crown: Commonwealth DPP Appellant: DJ Humphryes

DECISION : See paragraph 79

- 26 - IN THE COURT OF CRIMINAL APPEAL No: 60399/00 SPIGELMAN CJ HULME J HOWIE J

Monday 21 May 2001 REGINA -v- Edward Emmett DOYLE

JUDGMENT 1 HULME J : On 9 June 2000 pursuant to ss 474D and 474E of the Crimes Act 1900 (NSW) I referred to the Court of Criminal Appeal the following convictions of and sentences imposed upon Mr Edward Emmett Doyle: 1. Those made and imposed by Mr K S Anderson SM on 7 February 1985 in respect of charges: (i) That Edward Emmett Doyle, between the 2nd day of December 1981 and the 12th day of July 1983, at Sydney in the State of New South Wales, did impose upon the Department of Society Security, a department of the Commonwealth, by means of an untrue representation, to wit, that he was entitled to claim sickness benefits for the single rate in the name of Adam Scott Richardson, which said representation he knew to be untrue, with a view to obtaining money. (ii) That Edward Emmett Doyle, between the 25th day of February 1982 and the 13th day of July 1983, at Sydney in the State of New South Wales, did impose upon Department of Society Security, a department of Commonwealth, by means of an untrue representation, to wit, that he was entitled to claim sickness benefits for the single rate in the name of Kevin Michael Roberts, which said representation he knew to be untrue, with a view to obtaining money. (iii) That Edward Emmett Doyle between the 10th day of March 1983 and the 29th day of April 1983, at Sydney in the State of New South Wales, did impose upon the Department of Social Security, a department of the Commonwealth, by means of an untrue representation, to wit, that he was entitled to claim sickness benefits for the single rate in the name of Robert John Poole, which said representation he knew to be untrue, with a view to obtaining money. (iv) That Edward Emmett Doyle, between the 25th day of January 1983 and the 27th day of June 1983, at Sydney in the State of New South Wales, did impose upon the Department of Social Security, a department of the Commonwealth, by means of an untrue representation, to wit, that he was entitled to claim sickness benefits for the single rate in the name of Donald William Matley, which said representation he knew to be untrue, with a view to obtaining money. (v) Having goods in custody reasonably suspected of being stolen or otherwise unlawfully obtained. 2. Those made and imposed by Sudano DCJ on 14 October 1985 in respect of charges: (i) That Edward Emmett Doyle, between the 2nd day of December 1981 and the 12th day of July 1983, at Sydney in the State of New South Wales, did impose upon the Department of Social Security, a department of the Commonwealth, by means of an untrue representation, to wit, that he was entitled to claim sickness benefits for the single rate in the name of Adam Scott Richardson, which said representation he knew to be untrue, with a view to obtaining money. (ii) That Edward Emmett Doyle, between the 25th day of February 1982 and the 13th day of July 1983, at Sydney in the State of New South Wales, did impose upon the Department of Social Security, a department of the Commonwealth, by means of an untrue representation, to wit, that he was entitled to claim sickness benefits for the single rate in the name of Kevin Michael Roberts, which said representation he knew to be untrue, with a view to obtaining money. (iii) That Edward Emmett Doyle, between the 10th day of March 1982 and the 29th day of April 1983, at Sydney in the State of New South Wales, did impose upon the Department of Social Security, a department of the Commonwealth, by means of an untrue representation, to wit, that he was entitled to claim sickness benefits for the single rate in the name of Robert John Poole, which said representation he knew to be untrue, with a view to obtaining money. (iv) That Edward Emmett Doyle, between the 25th day of January 1983 and the 27th day of June 1983, at Sydney in the State of New South Wales, did impose upon the Department of Social Security, a department of the Commonwealth, by means of an untrue representation, to wit, that he was entitled to claim sickness benefits for the single rate in the name of Donald William Matley, which said representation he knew to be untrue, with a view to obtaining money.