R v Sarza [2021] NSWDC 616

R v Sarza [2021] NSWDC 616

The offending was objectively serious: it continued for about 10 years and 11 months, involved $230,131.58, repeated false representations to the Department, knowledge that the pension was no longer payable after the grandmother ceased to reside in Australia and after her death, and was assessed as a little below a notional midrange of objective seriousness. Although the offender had no criminal history, prior good character, remorse, a guilty plea warranting a 25 percent utilitarian discount, significant rehabilitation, low risk of reoffending and excellent prospects of rehabilitation, her gambling addiction did not mitigate moral culpability and general deterrence required full-time...

Jurisdiction
Australia
Judgment Date
24 September 2021
Procedural Posture
Criminal Sentence for Dishonestly Obtaining a Financial Advantage by Deception / Sentencing After Guilty Plea
Outcome
The offender was convicted and sentenced to 2 years and 3 months imprisonment, with a Recognisance Release Order for release after serving 13 months, and a reparation order in favour of the Commonwealth.
Legal Topics
['fraud' 'dishonestly Obtain Financial Advantage by Deception' 'social Security Fraud' 'commonwealth Sentencing' 'recognisance Release Order' 'reparation Order']
['criminal Law' 'sentencing'] ['fraud' 'dishonestly Obtain Financial Advantage by Deception' 'social Security Fraud' 'commonwealth Sentencing' 'recognisance Release Order' 'reparation Order']

Case Brief

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Procedural Posture

Criminal Sentence for Dishonestly Obtaining a Financial Advantage by Deception / Sentencing After Guilty Plea

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's Commonwealth offence of dishonestly obtaining a financial advantage by deception involving aged pension payments." 'Whether no sentence other than imprisonment was appropriate under s 17A of the Crimes Act.' "Whether the offender's gambling addiction or mental health mitigated sentence." 'Whether the offender should serve the sentence in the community by way of an Intensive Correction Order.' 'Whether a Recognisance Release Order and reparation order should be made.']

Ratio Decidendi

The offending was objectively serious: it continued for about 10 years and 11 months, involved $230,131.58, repeated false representations to the Department, knowledge that the pension was no longer payable after the grandmother ceased to reside in Australia and after her death, and was assessed as a little below a notional midrange of objective seriousness. Although the offender had no criminal history, prior good character, remorse, a guilty plea warranting a 25 percent utilitarian discount, significant rehabilitation, low risk of reoffending and excellent prospects of rehabilitation, her gambling addiction did not mitigate moral culpability and general deterrence required full-time...

Court Disposition

The offender was convicted and sentenced to 2 years and 3 months imprisonment, with a Recognisance Release Order for release after serving 13 months, and a reparation order in favour of the Commonwealth.

Orders

  • ['The offender is convicted of the offence to which she pleaded guilty.' 'Impose a sentence of two years and three months imprisonment. The sentence commences today on 24 September 2021 and expires on 23 December 2023.' 'Make Recognisance Release Order under s 19A, 19C and s 20 of the Crimes Act and order that the...