R v Michael John HENNESSY [2011] NSWDC 77

R v Michael John HENNESSY [2011] NSWDC 77

Given the deliberate, well planned, and sophisticated offending over a lengthy period totalling six years and seven months, involving multiple false documents and significant loss to the Commonwealth, notwithstanding Mr Hennessy's age, poor health, remorse, plea of guilty, and limited means, the only appropriate sentence is a fulltime custodial term with some concurrence and some accumulation, further mitigated by a recognisance release order after two and a half years in recognition of his health and prospects for rehabilitation.

Parties
Prosecution: Regina; Defendant: Michael John Hennessy
Jurisdiction
Australia
Judgment Date
21 April 2011
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment with conditions.
Legal Topics
Sentencing, Defraud the Commonwealth, Obtain Financial Advantage by Deception, False Statements, Centrelink Fraud, False Documents, Passport Offence
Criminal Law Sentencing Defraud the Commonwealth Obtain Financial Advantage by Deception False Statements Centrelink Fraud False Documents Passport Offence

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Parties

Regina

Prosecution

Michael John Hennessy

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for offences of defrauding the Commonwealth, obtaining financial advantage by deception, and making false statements to obtain a passport
  2. 2 Relevance of offender's age, health, remorse, and repayment to sentence
  3. 3 Cumulative and concurrent sentencing for multiple dishonesty offences

Ratio Decidendi

Given the deliberate, well planned, and sophisticated offending over a lengthy period totalling six years and seven months, involving multiple false documents and significant loss to the Commonwealth, notwithstanding Mr Hennessy's age, poor health, remorse, plea of guilty, and limited means, the only appropriate sentence is a fulltime custodial term with some concurrence and some accumulation, further mitigated by a recognisance release order after two and a half years in recognition of his health and prospects for rehabilitation.

Court Disposition

Convicted and sentenced to imprisonment with conditions.

Orders

  • Three counts of defraud the Commonwealth – 3 years imprisonment (concurrent, commencing 21 April 2011, expiring 20 April 2014)
  • Four counts of obtain financial advantage by deception – 3 years imprisonment (concurrent, commencing 21 April 2012, expiring 20 April 2015)