R v Michael John HENNESSY [2011] NSWDC 77

District Court New South Wales

Medium Neutral Citation: R v Michael John HENNESSY [2011] NSWDC 77 Decision date: 21 April 2011 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: In respect of the 3 counts of defraud the Commonwealth, sentences of 3 years imprisonment. In respect of the 4 counts of obtain financial advantage by deception, sentences of 3 years imprisonment. In respect of the passport offence, sentence of 1 year imprisonment. I order the offender's release after serving 2 years and 6 months. Catchwords: CRIMINAL LAW - sentence - defraud the Commonwealth - obtain advantage by deception - make false statement - received Centrelink payments in two names - entitled to receive payment in own name - used false documents including false passport to obtain payments - no relevant criminal history - very significant health problems - repaying debt to Commonwealth at $15/week - fraudulent behaviour went on for 6 years 7 months - deliberate and well planned conduct - guilty plea - remorse - unlikely to reoffend - discussion of two CCA authorities - relevance of age and ill health to sentence Legislation Cited: Crimes Act 1914 s 29D Criminal Code Act 1995 s 134.2(1) Australian Passports Act 1938 s 10(1)(a) Cases Cited: Loch Su Lee NSWDC unreported 18.3.03 R v Grenfell (2009) 196 A Crim R 145 R v Leighton [2010] NSWCCA 280 R v Purdon unreported NSWCCA 27.3.97 R v Veljanovski NSWDC unreported 12.10.06 Category: Sentence Parties: Regina Michael John HENNESSY Representation: Mr DC McCallum for Mr Hennessy Ms N Buick for Commonwealth Director of Public Prosecution File Number(s): 2010/90370 2010/90415 2010/9040427