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R v Stephens [2023] ACTSC 226

See full judgment: Austlii.

The offender was sentenced following pleas of guilty to 4 counts of making a false statement in an application contrary to s 136.1(1) of the Commonwealth Criminal Code.

Nature and Circumstances: The offending was relatively unsophisticated. However, it occurred in the context of the offender’s son obtaining significant financial benefits from Commonwealth. Offender clearly had a subordinate role in the overall scheme of the offending. They willingly went along with their son’s plans. Offender failed to recognise the significance and gravity of the documentation that they were signing, and this led them to pay insufficient attention to the necessity to tell the truth. The present offending is below the mid-range of objective seriousness for this offence.

Rehabilitation: Offender played a subordinate role in the criminal enterprise, has a lack of criminal history and a positive good character. Offender has a minimal risk of reoffending and their positive good character over their life entitles them to significant leniency.

Offender convicted to be released immediately on recognizance of $100 to be of good behaviour for 12 months. Offender has to pay a pecuniary penalty of $1000.

The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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