R v Pratten (No 12) [2014] NSWSC 396

Supreme Court New South Wales

Medium Neutral Citation: R v Pratten (No 12) [2014] NSWSC 396 Hearing dates: 06 July 2012, 27 July 2012, 10 September 2012, 18 September 2012, 03 October 2012, 08 October 2012, 19 November 2012, 22 November 2012, 28 November 2012, 27 March 2013, 28 March 2013, 21 May 2013, 31 March 2014 Date of orders: 31 March 2014 Decision date: 31 March 2014 Jurisdiction: Common Law Before: Rothman J Decision: 1. For count 1 and 2, sentenced to 500 hours of community service.

2. For count 3, sentenced to 250 hours of community service.

3. For count 4, 5, 6 and 7, sentenced to imprisonment for 3 years' and 6 months', commencing 31 March 2013, to be released after 18 months' on entering a recognizance of $1,000 to be of good behaviour for 24 months'. Catchwords: CRIMINAL - sentence - guilty verdict after trial - accused charged with obtaining financial advantage by deception contrary to s 134.1 of the Criminal Code Act 1995 - filing of deliberately understated tax return - determination of amounts understated and benefit obtained Legislation Cited: Criminal Code Act 1995 Crimes Act 1914 Cases Cited: DPP (Cth) v Goldberg (2001) VSCA 107 R v Boughen; R v Cameron (2012) NSW CCA 17 R v Glyn Morgan Jones; R v Anthony Joseph Luis Hili [2010] NSWCCA 108 R v Maslin (1995) 79 A Crim R 119; R v Yeung Lo [2004] NSWCCA 382 Renshaw v R [2012] NSWCCA 91 Veen v The Queen (No 2) [1988] HCA 14; (1988) 164 CLR 465 Vogel and Son Pty. Ltd v Anderson, Minister of State for Customs and Excise for the Commonwealth of Australia [1968] HCA 90; (1967) 120 CLR 157 Category: Sentence Parties: Regina (Crown) Timothy Charles Pratten (Defendant) Representation: Counsel: Mr M A Wigney SC (Crown) Mr B Hatfield (Crown) Ms R L Seiden (Defendant) Mr P K Bruckner (Defendant) Ms T J Davy (Defendant)