R v Foster [2022] NSWDC 467

R v Foster [2022] NSWDC 467

The principal smishing offences were very serious rolled-up offences involving multiple episodes over many months, technical sophistication, planning, central participation by the offender, direction of others, thousands of pieces of identification information and financial gain. However, the sentence was moderated by the early guilty pleas, remorse, mental illness which impaired judgment, deprived background, drug addiction, protective custody, COVID-19 custodial restrictions, and totality and concurrency considerations. Sequence 10 was not a very serious example of possession. An aggregate sentence of three years and seven months with a non-parole period of two years and two months was...

Jurisdiction
Australia
Judgment Date
06 May 2022
Procedural Posture
Criminal Sentence / Sentence Following Early Guilty Pleas
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment of three years and seven months, with a non-parole period of two years and two months.
Legal Topics
['carriage/telecommunication Service Offences' 'identity Fraud' 'money Laundering' 'possession of Controlled Drug' 'plea of Guilty' 'mental Illness on Sentence' 'drug Addiction' 'general and Specific Deterrence' 'objective Seriousness and Moral Culpability' 'protective Custody']
['criminal Law' 'sentencing'] ['carriage/telecommunication Service Offences' 'identity Fraud' 'money Laundering' 'possession of Controlled Drug' 'plea of Guilty' 'mental Illness on Sentence' 'drug Addiction' 'general and Specific Deterrence' 'objective Seriousness and Moral Culpability' 'protective Custody']

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Procedural Posture

Criminal Sentence / Sentence Following Early Guilty Pleas

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for dealing in identification information using a carriage service with intent, using equipment connected to a telecommunications network to facilitate fraud, and possession of methamphetamine.' 'How the s 16BA schedule offence of knowingly dealing with proceeds of crime should be taken into account on sentence.' "The extent to which the offender's early guilty pleas, mental illness, deprived background, drug addiction, custodial conditions, protective custody and prior criminal history affected sentence." 'The appropriate assessment of objective seriousness, moral culpability, deterrence, totality and concurrency for the rolled-up smishing offences.']

Ratio Decidendi

The principal smishing offences were very serious rolled-up offences involving multiple episodes over many months, technical sophistication, planning, central participation by the offender, direction of others, thousands of pieces of identification information and financial gain. However, the sentence was moderated by the early guilty pleas, remorse, mental illness which impaired judgment, deprived background, drug addiction, protective custody, COVID-19 custodial restrictions, and totality and concurrency considerations. Sequence 10 was not a very serious example of possession. An aggregate sentence of three years and seven months with a non-parole period of two years and two months was...

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment of three years and seven months, with a non-parole period of two years and two months.

Orders

  • ['The offender is convicted of each offence.' 'Taking into account a 25% discount for the pleas of guilty, the indicative sentence for Sequence 5 is 20 months.' 'Taking into account a 25% discount for the pleas of guilty, the indicative sentence for Sequence 7, taking into account the s 16BA schedule matter, is 13...