R v Baydoun [2020] NSWDC 669

R v Baydoun [2020] NSWDC 669

The offending comprised a rolled-up fraud offence against 30 victims over about seven months, with $367,035.91 defrauded, significant planning, sophistication and organisation, and commission while the Offender was on conditional liberty. Although the offence was about mid-range objective seriousness and imprisonment was the only appropriate penalty, the sentence was moderated by the early guilty plea attracting a 25% discount, remorse, somewhat reduced moral culpability arising from polysubstance and gambling dependence and mental health issues, guarded but hopeful rehabilitation prospects, and the desirability of an extended parole period. The Court therefore imposed a head sentence of...

Jurisdiction
Australia
Judgment Date
04 November 2020
Procedural Posture
Criminal Sentence / Sentence After Plea of Guilty
Outcome
Offender convicted and sentenced to imprisonment with referral to the Drug Court for assessment for the Compulsory Drug Treatment Program.
Legal Topics
['by Deception Dishonestly Obtain a Financial Advantage' 'fraud' 'objective Seriousness' 'planning, Sophistication and Organisation' 'plea of Guilty' 'remorse' 'conditional Liberty' 'substance Abuse and Gambling Dependence' 'compulsory Drug Treatment Program']
['criminal Law' 'sentencing'] ['by Deception Dishonestly Obtain a Financial Advantage' 'fraud' 'objective Seriousness' 'planning, Sophistication and Organisation' 'plea of Guilty' 'remorse' 'conditional Liberty' 'substance Abuse and Gambling Dependence' 'compulsory Drug Treatment Program']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for one rolled-up charge of by deception dishonestly obtaining a financial advantage contrary to s 192E(1)(b) of the Crimes Act 1900 (NSW).' 'Whether the offending involved significant planning, sophistication and organisation under s 21A(2)(n) of the Crimes (Sentencing Procedure) Act 1999 (NSW).' "Whether the Offender's polysubstance dependence, gambling dependence and mental health conditions reduced moral culpability." "Whether the Offender's plea of guilty, remorse, antecedents, offending while on conditional liberty, prospects of rehabilitation and risk of reoffending affected sentence." 'Whether the Offender should be referred to the Drug Court to assess eligibility for the Compulsory Drug Treatment Program.']

Ratio Decidendi

The offending comprised a rolled-up fraud offence against 30 victims over about seven months, with $367,035.91 defrauded, significant planning, sophistication and organisation, and commission while the Offender was on conditional liberty. Although the offence was about mid-range objective seriousness and imprisonment was the only appropriate penalty, the sentence was moderated by the early guilty plea attracting a 25% discount, remorse, somewhat reduced moral culpability arising from polysubstance and gambling dependence and mental health issues, guarded but hopeful rehabilitation prospects, and the desirability of an extended parole period. The Court therefore imposed a head sentence of...

Court Disposition

Offender convicted and sentenced to imprisonment with referral to the Drug Court for assessment for the Compulsory Drug Treatment Program.

Orders

  • ['The Offender is convicted.' 'He is to serve a non-parole period of 2 years and 3 months imprisonment, commencing 21 July 2020 and expiring on 20 October 2022.' 'Thereafter the Offender is to serve an additional term of 1 year and 3 months imprisonment commencing 21 October 2022 and expiring on 20 January 2024...