Commonwealth Director of Public Prosecutions v. Poniatowska

Lower Court Judgment

2/08/2010 Supreme Court of South Australia(Doyle CJ, Duggan J, Sulan J)

[2010] SASCFC 19

Catchwords

Criminal law — Offences — Obtain financial advantage from Commonwealth, knowing of lack of entitlement: s 135.2 Criminal Code 1995 (Cth) — Respondent failed to declare $71,000 in commission payments while receiving parenting benefit from Centrelink — Whether omitting to perform act a physical element of offence — Whether existence of legal duty or obligation to perform act, imposed by offence provision or other Commonwealth statute, determinative of question about physical element — Criminal Code 1995 (Cth) ss 4.3 and 135.2.

Words and phrases — “engages in conduct”.

Short Particulars