R v Chung [2023] NSWDC 257

R v Chung [2023] NSWDC 257

Because Ms Chung, in a position of payroll trust, repeatedly and dishonestly caused overpayments to herself over about four and a half years, no penalty other than imprisonment was appropriate. However, the individual amounts were grouped largely below or at the lower end of mid-range seriousness, the unexplained delay was significant, she had demonstrated subsequent good conduct and rehabilitation in positions of trust, and she was assessed as low risk and suitable for community service. An aggregate sentence of 3 years' imprisonment, served by way of an Intensive Correction Order, appropriately reflected punishment, denunciation, general deterrence, totality and rehabilitation.

Jurisdiction
Australia
Judgment Date
17 July 2023
Procedural Posture
Criminal Sentencing for 78 Counts of Dishonestly Obtaining a Financial Advantage by Deception Under S 192 E(1)(b) of the Crimes Act 1900 (nsw) / Sentence After Jury Verdicts of Guilty
Outcome
The offender was convicted of the 78 matters and sentenced to 3 years' imprisonment to be served by way of an Intensive Correction Order.
Legal Topics
['fraud' 'dishonestly Obtaining Financial Advantage by Deception' 'employee Fraud' 'breach of Trust' 'intensive Correction Order' 'delay in Prosecution' 'totality' 'comparative Sentencing Cases']
['criminal Law' 'sentencing'] ['fraud' 'dishonestly Obtaining Financial Advantage by Deception' 'employee Fraud' 'breach of Trust' 'intensive Correction Order' 'delay in Prosecution' 'totality' 'comparative Sentencing Cases']

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Procedural Posture

Criminal Sentencing for 78 Counts of Dishonestly Obtaining a Financial Advantage by Deception Under S 192 E(1)(b) of the Crimes Act 1900 (nsw) / Sentence After Jury Verdicts of Guilty

Legal Issues

  1. 1 ["What facts consistent with the jury's verdicts should be found for sentencing purposes." 'How the objective seriousness of multiple fraud offences should be assessed by reference to quantum, duration, motive, breach of trust, planning and repetition.' 'What effect the substantial delay between referral to police and charging should have on sentence.' 'Whether no penalty other than imprisonment was appropriate and, if so, whether the imprisonment should be served by way of an Intensive Correction Order.' 'How indicative sentences and an aggregate sentence should be fixed for 78 offences having regard to accumulation, concurrency and totality.']

Ratio Decidendi

Because Ms Chung, in a position of payroll trust, repeatedly and dishonestly caused overpayments to herself over about four and a half years, no penalty other than imprisonment was appropriate. However, the individual amounts were grouped largely below or at the lower end of mid-range seriousness, the unexplained delay was significant, she had demonstrated subsequent good conduct and rehabilitation in positions of trust, and she was assessed as low risk and suitable for community service. An aggregate sentence of 3 years' imprisonment, served by way of an Intensive Correction Order, appropriately reflected punishment, denunciation, general deterrence, totality and rehabilitation.

Court Disposition

The offender was convicted of the 78 matters and sentenced to 3 years' imprisonment to be served by way of an Intensive Correction Order.

Orders

  • ['Ms Chung is convicted of the 78 matters before the Court.' 'There being no other appropriate penalty, Ms Chung is sentenced to a term of imprisonment for 3 years.' 'Pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act 1999 the sentence is to be served by way of an Intensive Correction Order commencing on 17...