R v Schultz [2008] NSWCCA 199

R v Schultz [2008] NSWCCA 199

Although the six-month period of full-time custody before recognizance release was manifestly inadequate for the respondent's significant and prolonged social security fraud, the appeal was a Crown appeal and the Court exercised its discretion not to increase the custodial term because further custody would involve unusual hardship, including medical needs not available within the prison system, age, loss of assets through repayment, and the need to re-establish himself. The appeals were dismissed, with a corrected single recognizance direction under s 20(1)(b).

Jurisdiction
Australia
Judgment Date
04 September 2008
Procedural Posture
Criminal Crown Appeal Against Sentence / Appeal to the New South Wales Court of Criminal Appeal From Sentence Imposed in the District Court
Outcome
The appeals were dismissed. The sentence on count 1 was confirmed. For counts 2 and 3 the head sentences and release date were confirmed, but the recognizance release direction was varied to impose a single appropriate direction.
Legal Topics
['crown Appeal Against Sentence' 'commonwealth Social Security Fraud' 'dishonestly Obtaining a Financial Advantage From a Commonwealth Entity' 'recognizance Release Order Under S 20(1)(b) Crimes Act 1914 (cth)' 'manifest Inadequacy of Sentence' 'general Deterrence']
['criminal Law' 'sentencing'] ['crown Appeal Against Sentence' 'commonwealth Social Security Fraud' 'dishonestly Obtaining a Financial Advantage From a Commonwealth Entity' 'recognizance Release Order Under S 20(1)(b) Crimes Act 1914 (cth)' 'manifest Inadequacy of Sentence' 'general Deterrence']

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Procedural Posture

Criminal Crown Appeal Against Sentence / Appeal to the New South Wales Court of Criminal Appeal From Sentence Imposed in the District Court

Legal Issues

  1. 1 ["Whether the sentencing judge's direction that the respondent be released on recognizance after six months in custody was manifestly inadequate." 'Whether there is or should be a recognised relationship between a head sentence and the period provided in a recognizance release order.' 'Whether the Court should exercise its discretion to intervene on a Crown appeal if error was shown.']

Ratio Decidendi

Although the six-month period of full-time custody before recognizance release was manifestly inadequate for the respondent's significant and prolonged social security fraud, the appeal was a Crown appeal and the Court exercised its discretion not to increase the custodial term because further custody would involve unusual hardship, including medical needs not available within the prison system, age, loss of assets through repayment, and the need to re-establish himself. The appeals were dismissed, with a corrected single recognizance direction under s 20(1)(b).

Court Disposition

The appeals were dismissed. The sentence on count 1 was confirmed. For counts 2 and 3 the head sentences and release date were confirmed, but the recognizance release direction was varied to impose a single appropriate direction.

Orders

  • ['The appeals are dismissed and the sentence on count 1 is confirmed. In relation to counts 2 and 3 the head sentence and release dates are confirmed.' 'In lieu of the direction which was made by the sentencing judge the Court directs that the respondent be released at the expiration of 6 months of his sentence upon...