Evelyn was sentenced with 12 years and 5 months' imprisonment over 97 offences, including 10 offences relating to possessing tainted property, dealing with another entity's identity and fraud.
The judgment states
[2] In all, there are 97 offences for which sentences were imposed. The period of offending began on a date between 11 May 2016 and 12 June 2016 and ended on 12 December 2018. The range of offences is extensive, but can be described as falling into two categories. First, there are 37 drug offences, the most serious of which are two trafficking offences for a period of slightly in excess five weeks and approximately 8 months later for a period just under four weeks. The maximum penalty for the trafficking offences is 25 years’ imprisonment
[3] Second, there are 51 offences of fraud or dishonesty, of which the most serious is an offence of fraud by dishonestly gaining a benefit or advantage to a value of over $30,000 over a period of slightly in excess of ten months. The maximum penalty for fraud by dishonestly gaining a benefit or advantage to a value of over $30,000 is 14 years’ imprisonment.Under a search warrant Police on 25 November during a search of Evelyn's unit located 'a cache of identity documents that the defendant had received being ID cards and bank cards that had been stolen from 18 different victims'. A search on 13 December disclosed more drugs and 'a quantity of documentation in the name of other persons consisting of personal bank records, traffic infringement notices and registration renewals for vehicles'.
In dealing with the identity crime the judgment states
[14] On 13 January 2017, the defendant used one Martin Drennan’s identification information to send an online submission to open a bank account with the ANZ bank.
[15] Between 17 January 2017 and 9 March 2017, the defendant received the driver’s licence of one Simon Goodburn, which was stolen.
[16] On 27 January 2017, the defendant entered into a rental agreement with Budget Rent-a- Car, Surfers Paradise. The defendant rented a car and agreed to return it on 11 February 2017 but did not do so. [17] Between 18 February 2017 and 9 March 2017, the defendant received a driver’s licence of one Jordan Keras, which was stolen.
[18] Between 18 February 2017 and 9 March 2017, the defendant received a driver’s licence of one Hideaki Takayama, which was stolen.
[19] On 28 February 2017, police attended the basement carpark of the defendant’s address and located the car which had stolen registration plates affixed to it.
[20] On 8 March 2017, the defendant received tainted property being a Medicare card in the name of Martin Drennan. ...Where did the value go?
[25] On 15 July 2017, the defendant entered Europcar vehicle rentals at Brisbane Airport, presented a driver’s licence in the name of Ivor Hodgson and signed a rental agreement in Hodgson’s name to hire a Mercedes Benz. The defendant paid $510.83 with an American Express card in Hodgson’s name (“Hodgson Amex card”).
[26] On 15 July 2017, the defendant attended at the DFO Eagle Farm and Coles Express Brisbane Airport and made purchases using the Hodgson Amex card being $30.97 at Coles Express, $69.95 at Country Road and $253.63 at Calvin Klein.
[27] On 18 July 2017, the defendant attended Coles supermarket at Ann Street, Gatton and made purchases using the Hodgson Amex card in the amounts of $51.75 and $28.50.
[28] On 19 July 2017, the defendant attended Coles Express Brisbane Airport and made a purchase of $48.80 using the Hodgson Amex card.
[29] On 18 August 2017, the defendant attended Woolworths supermarket Surfer’s Paradise and made a purchase of $9.55 using the Hodgson Amex card.
[30] On 19 August 2017, the defendant attended Officeworks and 7-Eleven in Morayfield and made purchases of $59.00 at Officeworks and $23.27 at 7-Eleven using the Hodgson Amex card.
[31] On 19 August 2017, the defendant attended Woolworths supermarket Carindale and made two purchases in amounts of $23.85 and $60.79 using the Hodgson Amex card
[32] On 19 August 2017, the defendant attended the Coles Express Nudgee and made a purchase of $26.74 using the Hodgson Amex card.The judgment continues -
[33] On various dates between 5 November 2016 and 11 October 2017, the defendant obtained and used driver’s licence data and other personal information relating to 123 different complainants for the purpose of making fraudulent applications to finance companies, banks and telecommunication companies in order to secure finance, credit cards or phones in their names.
[34] Also, on various days between 1 January 2017 and 11 October 2017, the defendant used the identities of 29 complainants and made online applications to finance companies, banks and telecommunication companies in order to secure finance, credit cards or phones in their names. 67 of the applications were successful. 77 of the applications previously referred to were rejected.
[35] The value of the successful applications was $58,820.13
[36] Further, during this period, the defendant forged a number of documents in the name of one Clive Thompson, including a Queensland driver’s licence, an RACV credit application, an Energy Australia account statement, a Westpac Banking Corporation (“Westpac”) statement and a Queensland Transport driver’s licence change of address application.
[37] On 4 August 2017, the defendant lodged the forged RACV credit application in the name of Clive Thompson with a credit provider. On that day, the defendant obtained an Audi sedan purchased in the name of Clive Thompson from the Audi Centre on the Gold Coast using the forged RACV credit application. The value of the Audi was $42,660.95.
[38] On 4 August 2017, the defendant thereby broke a condition of a bail undertaking he entered into on 20 March 2017 by going to the Gold Coast City Council area other than for the purpose of visiting his solicitors or to attend court.
[39] On 8 August 2017, the defendant similarly breached that bail condition.
[40] On a date between 1 April 2017 and 11 October 2017, the defendant obtained a gold chain from Shiels Jewellers dishonestly. The value of the gold chain was $5,000.
[41] On 1 September 2017, the defendant made four fraudulent withdrawals from the Commonwealth Bank account of one Mandy Turner in the total amount of $702.
[42] On 25 July, 17 August, and 25 September 2017, the defendant made three fraudulent withdrawals from the Westpac bank account of Wiston Smitt in the amount of $1,476.
[43] On 10 October 2018, the defendant obtained and used Wayne John Ward’s identification information to obtain a Visa card from St. George bank in that name, and to hire and book a room at the Oaks Hotel in Brisbane City.
[44] Between 5 November 2018 and 12 December 2018, the defendant removed an electronic monitoring device which was fitted to his leg on 14 July 2018, thereby damaging it.
[45] On 7 November 2018, upon or after removal of the device, the defendant was unlawfully at large.
[46] On 7 November 2018 the defendant breached a condition of a bail undertaking entered into by him on 2 July 2018 requiring him to reside at an address approved by the Director of Public Prosecutions.
[47] On 26 November 2018, the defendant was required to attend the Southport Magistrates Court and failed to appear.
[48] On 7 November 2018, the defendant was required to attend the Supreme Court at Brisbane and failed to appear.
[49] On 6 December 2018, the defendant impersonated one Dominic Nastasi and used a falsified driver’s licence as proof of his identification as that person to hire a car from Thrifty Car and Truck Rentals.
[50] On 6 December 2018, the defendant used a Bank of Melbourne Visa card he fraudulently obtained in the name of Dominic Nastasi (“Nasatasi Visa card”) to pay a fee of $1,836 for the hire car from Thrift Car and Truck Rental.
[51] On 12 December 2018, police executed a search warrant at a room occupied by the defendant at Peppers Resort Broadbeach. They located 8 clip seal bags containing 13.628 grams of methylamphetamine by pure weight and 0.852 grams of MDMA by pure weight.
[52] They also located two bottles containing remnants of liquid tested as 1, 4-Butanediol.
[53] On 12 December 2018, the defendant was occupying the room at Peppers Resort Broadbeach booked under the name of Dominic Nastasi for which he had paid a $200 deposit using the Nastasi visa card.In Jerrim v Smith [2020] TASMC 6 Smith had been charged under Police Service Act 2003 (Tas) s 78 with impersonating a police officer: 'You are charged with on 7 May 2016 at Pontville in Tasmania, not being a police officer and you did without lawful excuse, have in your possession a badge that resembled a police badge namely, you had a police badge wired into your wallet, resembling a police issue warrant card.'
The judgment states
At the beginning of the hearing in March 2020 Mr Cangelosi, counsel for the defendant, sought to have the complaint struck out on the basis that it did not contain a valid charge in that the complaint omitted an essential element of the offence. Prosecution gave notice to seek to amend the complaint. Both counsel agreed that the time in which a valid complaint of impersonating a police officer in May 2000 could be laid had now expired.
The relevant section of the Police Service Act 2003 which creates the offence of impersonation of a police officer states:-
78. Impersonation
A person who is not a police officer must not do any of the following without lawful excuse or the approval of the Commissioner:
(a) ...;
(b) wear or have in possession any uniform or badge that resembles, or is likely to be perceived as, a police uniform or badge; ....
That section provides two limbs to the charge of impersonation each of which must be satisfied in order to constitute the offence. They are that the person not a police officer does any of the matters listed: a) without lawful excuse; and b) without the approval of the Commissioner.
In order to succeed in any prosecution, on this charge, the prosecution must prove both elements of the charge, that is, both a lack of lawful excuse and a lack of approval by the Commissioner. The burden of proof is upon the prosecution to prove both elements of the charge, beyond reasonable doubt, and the failure to do so will result in an acquittal.
If the police did not prove that the defendant did not have the Commissioner's permission to have in his possession the police badge the charge of impersonation of a police officer would fail. There is no evidential onus upon the defendant adduce evidence that he had the Commissioner's permission.
The central issue to be determined by the Court is whether or not the complaint as drafted is defective because it discloses no offence because it did not include words similar to "or the approval of the Commissioner" so that the complaint read something similar to: “You are charged with on 7 May 2016 at Pontville in Tasmania, not being a police officer and you did without lawful excuse or the approval of the Commissioner have in your possession a badge that resembled a police badge.....”.
