A court need not find exceptional hardship to consider the impact of a sentence on a defendant's family or dependants under s 16A(2)(p) of the Crimes Act 1914.
Topics
appeal against sentencesocial security fraudgeneral deterrencehardship
Provisions
Crimes Act 1914 ss 16A, 16A(2)(p)Criminal Code Act 1995 s 134.2(1)
📚 Full judgment
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The Court of Criminal Appeal allowed the appeal and reduced the sentence for social security fraud.
What was the dispute about?
The dispute was about whether the court should consider the impact of a sentence on the defendant's family and dependants without requiring exceptional hardship.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.
