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Feenstra v Pomare [2017] WASC 344

appeal against sentence — obtaining financial advantage by deception offence contrary to s 135.2(1) of Commonwealth Criminal Code — original sentence imposed 6 months’ imprisonment with offender to be released immediately on recognizance to be of good behaviour for 6 months upon paying surety of $1,000  — offender subsequently applied for s 19B order — offender discharged without conviction on 12 month recognizance — objective seriousness — offending serious as offender misrepresented financial circumstances every fortnight for 2 years and 6 months, totalling 60 false declarations — offender received nearly $30,000 by deception to which offender not entitled — s 19B — orders under s 19B exceptional in nature — offender’s financial circumstances not exceptional — offender’s financial obligations included matters not necessary, including private school fees — offender could have rearranged financial obligations during 2 year and 6 month period of offending — not open to sentencing judge to make s 19B order — appeal allowed — offender to be summoned for resentencing
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