The offender was sentenced following pleas of guilty to 1 count of dishonestly obtaining a financial advantage by deception from a Commonwealth entity contrary to s 134.2(1) of the Commonwealth Criminal Code and 8 counts of dishonestly obtaining a financial benefit for another from a Commonwealth entity contrary to s 135.2(2) of the Commonwealth Criminal Code. Original sentence imposed 14 months imprisonment to be released after 7 months on recognizance of $500 to be of good behaviour for 2 years. The offender appealed on the ground of manifest excess.
Manifest Excess: The offences concerned applications to the Department of Human Services for the Australian Government Disaster Relief Payment, being a one-off payment of $1,000. Offender stated to DHS that they lived at an address designated as a major disaster zone. On 8 separate occasions, offender repeated this process but instead used names other than their own and different addresses. At the time of offending, offender was 26 years of age, homeless, using drugs and in debt. Offender was sentenced against the background of their previous offending, including driving disqualified, breaching bail and intervention orders, and aggravated assault. At time of sentence, offender was 29 years of age and was showing signs of rehabilitation. Offender was sharing a house with others at the time. Offending was ‘motivated by need not greed’. The period over which the offending took place is relatively limited. That must not obscure that there were nine separate offences. The offence contrary to s 134.2(1) had a maximum penalty of 10 years. A sentence of 6 months, after a discount of one third for the plea of guilty, was manifestly excessive. The eight offences contrary to s 135.2(2) had a maximum penalty of 12 months. The fixing of a single sentence indicates the sentencing judge allowed some degree of concurrency. That was appropriate. At the same time, the overall amount obtained is more limited than the amounts the subject of other offences against s 135.2(2) in the authorities. In all the circumstances, a sentence of 8 months after a discount of a third for the plea of guilty, was manifestly excessive. The sentence was unreasonable or plainly unjust.
Appeal allowed. Offender resentenced to 9 months to be released immediately on recognizance of $500 to be of good behaviour for 2 years.
