R v Zoghbi [2022] NSWDC 219

R v Zoghbi [2022] NSWDC 219

The conspiracy was a grave instance of defrauding the Commonwealth: it caused very substantial loss through about 5,500 false prescriptions and 29 false claim forms over about 15 months, exploited the trust placed in pharmacists under the Pharmaceutical Benefits Scheme, involved a continuing course of conduct and would likely have continued but for detection. The offender was at least equally culpable with his co-conspirator, although not proved beyond reasonable doubt to be the prime mover. The offending was well above mid-range and approached the most grave instances, but did not warrant the maximum penalty. A starting point of 8 years was reduced by an identifiable 20% discount for...

Jurisdiction
Australia
Judgment Date
17 June 2022
Procedural Posture
Criminal Sentence for Conspiracy to Defraud the Commonwealth Contrary to Subsection 135.4(1) of the Criminal Code (cth) / Sentence Following Unanimous Jury Verdict of Guilty After Trial
Outcome
Offender sentenced to imprisonment for 6 years and 4 months with a non-parole period of 4 years, commencing 23 April 2021.
Legal Topics
['conspiracy to Defraud the Commonwealth' 'pharmaceutical Benefits Scheme Fraud' 'dishonest Obtaining of Gain From a Commonwealth Entity' 'objective Seriousness' 'course of Conduct' 'general Deterrence' 'specific Deterrence' 'cooperation With Law Enforcement Agencies' 'contrition' 'proceeds of Crime' 'family Hardship' 'delay']
['criminal Law' 'sentencing' 'commonwealth Offences'] ['conspiracy to Defraud the Commonwealth' 'pharmaceutical Benefits Scheme Fraud' 'dishonest Obtaining of Gain From a Commonwealth Entity' 'objective Seriousness' 'course of Conduct' 'general Deterrence' 'specific Deterrence' 'cooperation With Law Enforcement Agencies' 'contrition' 'proceeds of Crime' 'family Hardship' 'delay']

Case Brief

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Procedural Posture

Criminal Sentence for Conspiracy to Defraud the Commonwealth Contrary to Subsection 135.4(1) of the Criminal Code (cth) / Sentence Following Unanimous Jury Verdict of Guilty After Trial

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's conspiracy to defraud the Commonwealth through fraudulent Pharmaceutical Benefits Scheme claims." 'Whether the offending fell towards the high end of objective seriousness or within the middle range.' 'Whether the offender was more culpable than his co-conspirator or equally complicit.' 'What weight should be given to cooperation with law enforcement agencies despite the offender maintaining innocence.' 'What weight should be given to contrition, prospects of rehabilitation, family hardship, extra-curial punishment and delay.']

Ratio Decidendi

The conspiracy was a grave instance of defrauding the Commonwealth: it caused very substantial loss through about 5,500 false prescriptions and 29 false claim forms over about 15 months, exploited the trust placed in pharmacists under the Pharmaceutical Benefits Scheme, involved a continuing course of conduct and would likely have continued but for detection. The offender was at least equally culpable with his co-conspirator, although not proved beyond reasonable doubt to be the prime mover. The offending was well above mid-range and approached the most grave instances, but did not warrant the maximum penalty. A starting point of 8 years was reduced by an identifiable 20% discount for...

Court Disposition

Offender sentenced to imprisonment for 6 years and 4 months with a non-parole period of 4 years, commencing 23 April 2021.

Orders

  • ['A suppression order and non-publication order is made pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) with respect to paragraphs 240-242 of the remarks.' 'The sentence commences on 23 April 2021 and expires on 22 August 2027.' 'The non-parole period expires on 22 April 2025.']