Ivanovic v R [2009] NSWCCA 28

New South Wales Court of Criminal Appeal

CITATION: Ivanovic v R [2009] NSWCCA 28

HEARING DATE(S): 3 February, 2009

JUDGMENT DATE: 3 February 2009

JUDGMENT OF: Grove J at 16; Blanch J at 1; Johnson J at 17

EX TEMPORE JUDGMENT DATE: 3 February 2009

DECISION: Application for leave to appeal refused. Appeal dismissed.

CATCHWORDS: Criminal law - Social Security fraud - discount for plea of guilty

LEGISLATION CITED: Crimes Act, 1914 (Cth), s29B Criminal Code, 1995 (Cth), s135.1(5)

CATEGORY: Principal judgment

CASES CITED : Tyler v The Queen (2007) 173 A Crim R 458 Regina v Jennifer Rose Purdon CCA NSW unreported 27 March, 1997

PARTIES: Vlajko Ivanovic (Applicant) Regina (Respondent)

FILE NUMBER(S): CCA 2007/9228

COUNSEL: P Lange (Applicant) W Abraham QC (Respondent)

SOLICITORS: S E O'Connor, Legal Aid Commission (Applicant) Commonwealth Director of Public Prosecutions (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 07/31/1000

LOWER COURT JUDICIAL OFFICER: CE O'Connor DCJ

LOWER COURT DATE OF DECISION: 14 March, 2008

LOWER COURT MEDIUM NEUTRAL CITATION: Regina v Vlajko Ivanovic

IN THE COURT OF CRIMINAL APPEAL

2007/9228

GROVE J BLANCH J JOHNSON J

3 FEBRUARY, 2009 Vlajko IVANOVIC v Regina

Judgment

1 BLANCH J: On 14 March 2008 the applicant was sentenced in the District Court on four counts of impose upon the Commonwealth by an unfair representation contrary to s 29B of the Crimes Act 1914 and three counts of dishonestly causing a loss to the Commonwealth contrary to s 135.1(5) of the Criminal Code 1995, the maximum penalty for each of the offences under s 29B of the Crimes Act is two years imprisonment and the maximum penalty in respect of the Criminal Code offences is five years imprisonment.