R v Zaky, Manerva [2014] NSWDC 388

District Court New South Wales

Medium Neutral Citation: R v Zaky, Manerva [2014] NSWDC 388 Hearing dates: Trial 24 September 2014 – 2 October 2014,Sentence 14 November 2014 Date of orders: 28 November 2014 Decision date: 28 November 2014 Jurisdiction: Criminal Before: King DCJ Decision: Convicted on each count. Count 1: Defraud the Commonwealth [s29D Crimes Act 1914 LPC 10836]: Sentenced to a term of imprisonment for 6 months to commence on 28/11/14 and to expire on 27/5/15. Count 2: Dishonestly obtain financial advantage by deception [s134.2(1) Criminal Code Act 1995 LPC 41497]: Pursuant to s20(1)(b) of the Crimes Act 1914 (CTH) the offender is sentenced to a term of imprisonment of 18 months to commence on 28/1/15 and expire on 27/7/16. The offender is to be released after having served 10 months of the total term of imprisonment, upon entering into a recognizance in the sum of $5000, conditional that she be of good behaviour for a period of 2 years. Pursuant to s19B of the Crimes Act 1914 (CTH) I order the offender to pay reparation to the Commonwealth in the sum of $27,374.78. Catchwords: Criminal – Sentence – defraud the Commonwealth - dishonestly obtain financial advantage by deception – rent assistance - particular circumstances Legislation Cited: Crimes Act 1914 Criminal Code Act 1995 Cases Cited: R v Van Tung Luu (NSWCCA unreported, 7 December 1994) R v Purden (NSWCCA unreported, 27 March 1997) R v Hawkings (1989) 45 A Crim R, 430 R v Annecchini (NSWCCA, unreported No.60318 of 1995 R v Cameron (1993) 171 LSJS 305 Ralph v Narwojee [2003] WASCA 5 R v Cheung Wai Man and Ors (NSWSC 22, March 1991, unreported R v Chen and Ors (2002) 130 A Crim R 300 R v Wood [2005] NSWCCA 233 Category: Sentence Parties: Regina (Crown) Manerva Zaky (Offender) Representation: Counsel: Ms J Single (Crown) Dr B Glennon (Offender)