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Jansen v The Queen [2021] WASCA 160

Offender was sentenced following pleas of guilty to 2 counts of under-declaring and failing to declare employment income with the intention of dishonestly obtaining a gain from a Commonwealth entity contrary to s 135.1(1) of the Commonwealth Criminal Code. Original sentence imposed 2 years and 6 months imprisonment to be released on recognizance after 22 months. Offender appealed on the basis that the pre-release period of 22 months was manifestly excessive considering the circumstances of the offending, the offender’s personal circumstances and sentencing standards.

Nature and Circumstances: The fixed pre-release period was manifestly excessive. The offending was serious, but not as serious as other examples of the same type of offence. Offending did not involve the use of false identities or aliases and did not result in the gain of a very large sum of money. Offender’s plea of guilty was at the first reasonably opportunity. Offender was contrite, had cooperated with authorities and made some reparation to the Commonwealth. The period of 22 months was inconsistent with terms imposed for similar, if not more serious, offending. Pre-release period failed to reflect mitigating factors in the case, including offender’s good prospects of rehabilitation.

Leave to appeal granted. Appeal allowed. Original sentence varied by imposing a 16 month recognizance release order.
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