R v Choi [2013] NSWDC 28

R v Choi [2013] NSWDC 28

The offender's identity fraud, false document, forged cheque, financial advantage and proceeds of crime offending was substantial, clever, industrious, committed with others, and extended over a lengthy period. Although he had no prior criminal history, showed remorse, offered assistance, pleaded guilty, and had served a long period on remand with limited access to programs, general deterrence and the scale and duration of the offending meant that immediate or near-immediate release would not properly reflect his overall criminality. A fixed term was imposed for the Commonwealth offence and an aggregate sentence for the State offences, resulting in an effective non-parole period of three...

Jurisdiction
Australia
Judgment Date
25 January 2013
Procedural Posture
Sentence / Sentencing After Guilty Pleas
Outcome
Sentenced to imprisonment consisting of an effective overall non-parole period of 3 years with an eligibility for parole of 2 years. Drugs to be destroyed.
Legal Topics
['commonwealth and State Offences' 'forms 1' 'attempting to Possess Blank Australian Medicare Cards Knowing Them to Be False Documents' 'dishonestly Obtain a Financial Advantage by Deception' "possess False Driver's Licence With the Intention of Committing an Indictable Offence" 'making a False Instrument' 'dealing With the Proceeds of Crime' 'possession of Cannabis']
['criminal Law' 'sentencing'] ['commonwealth and State Offences' 'forms 1' 'attempting to Possess Blank Australian Medicare Cards Knowing Them to Be False Documents' 'dishonestly Obtain a Financial Advantage by Deception' "possess False Driver's Licence With the Intention of Committing an Indictable Offence" 'making a False Instrument' 'dealing With the Proceeds of Crime' 'possession of Cannabis']

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Procedural Posture

Sentence / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's Commonwealth and State fraud, false document, forged instrument, proceeds of crime and cannabis offences." "Whether the time already served on remand was sufficient to reflect the offender's overall criminality." "How to account for the offender's late guilty pleas, remorse, lack of prior criminal history, lengthy remand, and prospects of rehabilitation." 'Whether to impose a fixed term for the Commonwealth offence and an aggregate sentence for the State offences.']

Ratio Decidendi

The offender's identity fraud, false document, forged cheque, financial advantage and proceeds of crime offending was substantial, clever, industrious, committed with others, and extended over a lengthy period. Although he had no prior criminal history, showed remorse, offered assistance, pleaded guilty, and had served a long period on remand with limited access to programs, general deterrence and the scale and duration of the offending meant that immediate or near-immediate release would not properly reflect his overall criminality. A fixed term was imposed for the Commonwealth offence and an aggregate sentence for the State offences, resulting in an effective non-parole period of three...

Court Disposition

Sentenced to imprisonment consisting of an effective overall non-parole period of 3 years with an eligibility for parole of 2 years. Drugs to be destroyed.

Orders

  • ['For the offence on the s 166 certificate, possessing a small quantity of marijuana, the offender is convicted but there is no other punishment under s 10A of the Crimes (Sentencing Procedure) Act.' 'On count one on the indictment, a fixed term of imprisonment of eighteen months to date from 12 July 2010 was...