R v Dianne Elizabeth Niven [2018] NSWDC 426

District Court New South Wales

Medium Neutral Citation: R v Dianne Elizabeth Niven [2018] NSWDC 426 Hearing dates: 04, 08 May 2018 Date of orders: 08 May 2018 Decision date: 08 May 2018 Jurisdiction: Criminal Before: Neilson DCJ Decision: I set a non-parole period of 18 months, commencing 19-02-17 and expiring 18-08-18. I impose a further period of imprisonment of 1 year, to commence upon the expiration of the non-parole period, and expiring 18-08-19. The total sentence is therefore 2 years, 6 months comprising the non-parole period and the balance of the sentence.

I find special circumstances. The offender is eligible to be considered for release on parole at the expiration of the non-parole period

Matters taken into account on the Form 1

I order the offender to pay compensation in the amount of $34,887.95 Catchwords: CRIME – SENTENCE – Range of fraud offences – Compensation order and period of imprisonment imposed Legislation Cited: Crimes Act 1900 Category: Sentence Parties: Regina (Crown) Dianne Elizabeth Niven (Offender) Representation: Counsel: Mr N Angelovski (Crown) Mr M Campbell (Offender

Solicitors: ODPP (Crown) Proctor & Associates (Offender) File Number(s): 2016/261222; 2016/303629 Publication restriction: Nil

SENTENCE 1. HIS HONOUR: Dianne Elizabeth Niven stands for sentence as a consequence to pleading guilty to 16 counts contained in an indictment presented on 4 May 2018. The offender also asks me to take into account in respect of count 4 in that indictment, three further offences and in respect of count 12 in that indictment, four further offences. 2. The offences are all fraud related. The majority of the offences are offences pursuant to s 192E(1)(a) of the Crimes Act 1900 which carries a maximum penalty of ten years imprisonment. A number of charges are pursuant to s 192G(b) which carries a maximum penalty of five years imprisonment. Some of the offences on the Form 1 are pursuant to s 192E(1)(a) of the Crimes Act 1900 and one of the offences on the second Form 1 is pursuant to s 192K of the Crimes Act 1900 which carries a maximum penalty of seven years imprisonment and there is also one count in the second Form 1 of goods in custody, an offence contrary to s 527C(1)(a) of the Crimes Act 1900, which carries a maximum penalty of six months imprisonment. 3. It is accepted by the Crown that the offender pleaded guilty to all of these charges at the earliest available opportunity. It was necessary to present an indictment at the sentencing hearing because of the process of charging the offender initially could be described in the vernacular as "messy". That "messiness" continues in the form of the indictment and in the form with the agreed facts, which are not in any chronological order. For example, the earliest crime contained on indictment occurred on or about 9 April 2016 but that is count 13 in the indictment.