R v Wendy Lynette NEIL [2011] NSWDC 78

District Court New South Wales

Medium Neutral Citation: R v Wendy Lynette NEIL [2011] NSWDC 78 Decision date: 01 July 2011 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: In respect of each of the 10 offences against s 29B of the Crimes Act 1914, sentences of 18 months imprisonment. In respect of the offence against s 135.1(5) of the Criminal Code 1995 a sentence of 2 years imprisonment. In respect of each sentence I make Intensive Correction Order. Catchwords: CRIMINAL LAW - Commonwealth offences - obtain benefits from the Commonwealth by a false representation - dishonestly cause a loss to the Commonwealth - failed to declare employment while receiving Centrelink payments - over-payment detected by Centrelink - declined to be interviewed by Centrelink but sent a letter admitting guilt - started to repay the Commonwealth before being charged - pleas of guilty at first available opportunity - long term untreated psychological and psychiatric problems - embarrassed and ashamed about actions - pre-sentence and psychological reports - no criminal history - Commonwealth submission that a sentence other than full-time imprisonment would involve appellable error - suspended sentence not appropriate - voluntarily ceased criminal behaviour - repayment plan in place and significant amount of money repaid - delay between detection of behaviour and laying of charges - sentence of imprisonment to be served by way of intensive correction order - reasons for this course Legislation Cited: Crimes Act 1914 s 29B Crimes (Administration of Sentences) Regulation 2008 regs 175, 178 Criminal Code 1995 s 135.1 Crimes (Sentencing Procedure) Act 1999 s 7 Cases Cited: Regina v Burns [2007] NSWCCA 228 R v McGuiness [2008] NSWCCA 80 Category: Sentence Parties: Regina Wendy Lynette Neil Representation: Mr Krisenthal for Ms Neil Ms Guillen for the Commonwealth Director of Public Prosecutions Mr Lynch for Ms Neil File Number(s): 2009/252300; 2009/272161