R v Huntman [2007] NSWDC 193

R v Huntman [2007] NSWDC 193

Given the seriousness of the deliberate, planned conduct and the significant sum defrauded, no alternative to a full-time custodial sentence is appropriate; the sentences must also reflect general deterrence. Reparation orders are justified as there may be assets discovered to satisfy the debt.

Parties
Prosecution: Crown; Offender: Wilhelmina Huntman
Jurisdiction
Australia
Judgment Date
12 September 2007
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to terms of imprisonment with orders for release on recognizance and reparation orders made.
Legal Topics
Social Security Fraud, Sentencing, Obtaining Financial Advantage by Deception, Reparation Orders
Criminal Law Social Security Fraud Sentencing Obtaining Financial Advantage by Deception Reparation Orders

Case Brief

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Parties

Crown

Prosecution

Wilhelmina Huntman

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple counts of social security fraud and obtaining financial advantage by deception
  2. 2 Whether reparation orders should be imposed

Ratio Decidendi

Given the seriousness of the deliberate, planned conduct and the significant sum defrauded, no alternative to a full-time custodial sentence is appropriate; the sentences must also reflect general deterrence. Reparation orders are justified as there may be assets discovered to satisfy the debt.

Court Disposition

Sentenced to terms of imprisonment with orders for release on recognizance and reparation orders made.

Orders

  • On two charges relating to 'Vogt' fraud: ten months imprisonment each, eligible for release after three months on $250 recognizance, good behaviour for two years; sentences partly cumulative.
  • On two charges relating to 'Vegtelaar' fraud: eighteen months imprisonment each, eligible for release after seven months on $250 recognizance, good behaviour for two years; sentences partly cumulative; total nine months full-time custody.