R v Abas [2023] NSWDC 548

R v Abas [2023] NSWDC 548

The offender's role in the fraudulent Service NSW grant scheme, the amount involved, his criminal history and breach of a community correction order required a custodial sentence, but the offending was below the mid-range of objective seriousness. After allowing a 25% discount for the early guilty pleas, considering time already spent in custody, parity with Woods and Bassal, the offender's limited role and prospects under supervision, and finding that community safety would not be imperilled, the Court imposed a sentence of two years and six months imprisonment to be served by way of an intensive correction order, and ordered compensation of $18,000 by consent.

Jurisdiction
Australia
Judgment Date
24 July 2023
Procedural Posture
Criminal Sentence / Sentence Following Guilty Pleas to Two Substantive Charges, With Three Further Offences Taken Into Account on a Form 1
Outcome
Offender convicted on each charge and sentenced to imprisonment for two years and six months, commencing 24 July 2023, to be served by way of intensive correction in the community; compensation ordered by consent.
Legal Topics
['dishonestly Causing Financial Disadvantage by Deception' 'dishonestly Making a False Statement With Intent to Cause Financial Disadvantage' 'participating in a Criminal Group' 'covid 19 Micro Business Support Grant Fraud' 'intensive Correction Order' 'parity' 'restitution']
['criminal Law' 'sentencing'] ['dishonestly Causing Financial Disadvantage by Deception' 'dishonestly Making a False Statement With Intent to Cause Financial Disadvantage' 'participating in a Criminal Group' 'covid 19 Micro Business Support Grant Fraud' 'intensive Correction Order' 'parity' 'restitution']

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Pleas to Two Substantive Charges, With Three Further Offences Taken Into Account on a Form 1

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's admitted involvement in fraudulent Service NSW COVID-19 support grant applications." 'Whether the objective seriousness of the offending was just below the mid-range or below the mid-range.' 'Whether parity with sentences imposed on William Robert Woods and Fadi Bassal affected the appropriate sentence.' 'Whether the sentence should be served by full-time imprisonment or by way of an intensive correction order.' 'Whether a compensation order should be made for the amount the offender personally gained.']

Ratio Decidendi

The offender's role in the fraudulent Service NSW grant scheme, the amount involved, his criminal history and breach of a community correction order required a custodial sentence, but the offending was below the mid-range of objective seriousness. After allowing a 25% discount for the early guilty pleas, considering time already spent in custody, parity with Woods and Bassal, the offender's limited role and prospects under supervision, and finding that community safety would not be imperilled, the Court imposed a sentence of two years and six months imprisonment to be served by way of an intensive correction order, and ordered compensation of $18,000 by consent.

Court Disposition

Offender convicted on each charge and sentenced to imprisonment for two years and six months, commencing 24 July 2023, to be served by way of intensive correction in the community; compensation ordered by consent.

Orders

  • ['On each of the charges to which Adam Abas pleaded guilty, he is convicted.' 'The offender is sentenced to imprisonment for a term of two years and six months commencing 24 July 2023, to be served by way of intensive correction in the community.' 'The offender must not commit any offence.' 'The offender must submit...