A matter which is an element of the offence (here, knowledge under s 215 of the Social Security (Administration) Act 1999 (Cth)) cannot of itself also be treated as an aggravating factor in sentencing. A sentencing court must not proceed on a mistaken understanding of the legislative history of penalty provisions. For social security fraud involving approximately $4,500 over 8 months by a young first offender in steady employment who voluntarily ceased offending, a head sentence of 6 months imprisonment with partial suspension is within range.
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