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Commonwealth Director of Public Prosecutions v Poniatowska

[2011] HCA 43
Case number
A20/2010
Before
French CJ, Gummow, Heydon, Kiefel, Bell JJ
Catchwords

Criminal law – Physical element of offence - Omission - Respondent convicted of multiple charges of obtaining financial advantage from Commonwealth entity contrary to s 135.2(1) of Criminal Code (Cth) ("Code") - Respondent failed to advise Centrelink of receipt of payments of commission from employer - Whether omission to perform act that person not under legal obligation to perform can be physical element of offence created by s 135.2(1) of Code - Whether s 4.3 of Code gave expression to common law principle that criminal liability does not attach to omission unless it is omission to perform act that person is under legal obligation to perform.

Words and phrases – "engages in conduct", "makes it so", "obtains a financial advantage", "omission".

Criminal Code (Cth) – ss 4.1(2), 4.3, 135.2(1).

Social Security Act 1991 (Cth) – Pt 2.10, s 1068A.

Social Security (Administration) Act 1999 (Cth) – s 74.

Files
43.rtf (49.71 KB)
43.pdf (85.48 KB)