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District Court 19 October 2022

Mundy v R (No. 2)

[2022] NSWDC 757

Fraud & dishonesty

Citation: Mundy v R (No. 2) [2022] NSWDC 757
Court: District Court of New South Wales
Date: 19 October 2022
Judge: Bennett SC DCJ

Background

The appellant had been convicted in the Local Court at Bega on four charges of dishonestly obtaining a financial advantage by deception, contrary to Commonwealth law. The magistrate imposed an aggregate sentence of 24 months imprisonment, suspended after nine months, subject to a five-year good behaviour period and a reparation order of $25,000.

The appellant appealed against that sentence to the District Court. In the first appeal decision, Mundy v R [2022] NSWDC 316, Bennett SC DCJ heard evidence and made orders directing the appellant's release into a residential rehabilitation facility, "The Glen" at Wyong Creek, where she was required to complete a 12-week program.

The present decision, Mundy v R (No. 2), is the final disposition of the appeal following the appellant's completion of that rehabilitation program. The court reconvened to assess the outcome of rehabilitation and to determine what adjusted sentence was appropriate.

  • Whether the appellant's successful completion of the residential rehabilitation program warranted a variation to the aggregate sentence imposed by the magistrate
  • What conditions should govern the appellant's ongoing obligations following the varied sentence, including supervision, mental health and substance treatment, good behaviour, and repayment of reparation

Decision

The court received documentary evidence from The Glen confirming the appellant had been admitted on 19 July 2022 and had successfully completed the alcohol and other drugs rehabilitation program on 11 October 2022. That program included group and individual counselling, anger management, relapse prevention, parenting and work programs, and regular AA and NA meetings. The court noted the appellant had shown significant personal growth and participated fully in all aspects of the program.

Bennett SC DCJ treated the appellant's time in the residential rehabilitation facility as a form of quasi-custody. That period was brought into account when adjusting the point at which the custodial component of the sentence was taken to have been served. The court varied the aggregate sentence so that it was suspended after seven months rather than nine, with the seven-month period deemed to have expired on 30 September 2022.

The court confirmed the convictions and maintained the reparation order of $25,000. It noted that the appellant had entered into a Centrelink repayment arrangement but observed that, because the conditions attached to the order could only remain in force for two years, any existing arrangement may need to be adjusted to ensure full repayment within that timeframe.

Orders Made

  • The appeal from each sentence and the aggregate sentence is allowed; convictions in each case confirmed
  • The aggregate sentence of 24 months is confirmed, varied so that it is suspended after serving 7 months (that period having expired on 30 September 2022), pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth)
  • The appellant is to be of good behaviour for a period of 5 years from 19 October 2022
  • The appellant is to accept Community Correction Service supervision, obey reasonable directions, and attend mental health and alcohol or drug treatment as directed, for a period of 2 years from 19 October 2022
  • The reparation order of $25,000 confirmed and to be paid within 2 years from 19 October 2022

Key Takeaways

  • The District Court recognised time spent in a residential rehabilitation facility as a form of quasi-custody, treating it as a relevant factor in reducing the custodial component of a suspended sentence on appeal.
  • Successful completion of a structured rehabilitation program, supported by documentary evidence, can influence the final disposition of a sentence appeal under s 20(1)(b) of the Crimes Act 1914 (Cth).
  • Where a reparation order is made as part of a Commonwealth sentence, the two-year maximum duration of associated conditions effectively sets a deadline for repayment, regardless of the length of any good behaviour period.
  • The court confirmed that supervision and treatment conditions could only remain operative for two years, even where the good behaviour obligation extended for five years, highlighting the distinct temporal limits that apply to different types of sentencing conditions under the Crimes Act 1914 (Cth).
  • In adjusting the sentence, the court did not disturb the convictions or the reparation amount, confining its variation to the point at which the custodial term was treated as having been served.

Legislation and Cases Referenced

Legislation
- Crimes Act 1914 (Cth), s 16A(2) and s 20(1)(b)

Cases
- Mundy v R [2022] NSWDC 316 (the primary appeal decision in these proceedings)