R v Khan [2019] NSWDC 185

R v Khan [2019] NSWDC 185

Given the seriousness, persistence and sophistication of the conduct, the significant value of losses, threats to a witness, and the totality of offending, nothing less than a significant term of imprisonment is appropriate. Applying a 25% discount for the early pleas, an aggregate sentence of 6 years' imprisonment with a 4-year non-parole period is imposed, reflecting denunciation, deterrence, and retribution while considering youth and prior record.

Parties
Crown: Regina; Offender: Tazeem Khan
Jurisdiction
Australia
Judgment Date
17 April 2019
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to an aggregate term of imprisonment of 6 years, with a non-parole period of 4 years.
Legal Topics
Fraud, Sentencing, Identity Offences, Stealing Motor Vehicle, Threats to Witness, Goods in Custody, Driving Offences
Criminal Law Fraud Sentencing Identity Offences Stealing Motor Vehicle Threats to Witness Goods in Custody Driving Offences

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Parties

Regina

Crown

Tazeem Khan

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for fraud offences involving identity information, motor vehicle theft, false documents, and related offences
  2. 2 Application of the totality principle in aggregation of multiple criminal sentences
  3. 3 Consideration of plea of guilty in sentence determination

Ratio Decidendi

Given the seriousness, persistence and sophistication of the conduct, the significant value of losses, threats to a witness, and the totality of offending, nothing less than a significant term of imprisonment is appropriate. Applying a 25% discount for the early pleas, an aggregate sentence of 6 years' imprisonment with a 4-year non-parole period is imposed, reflecting denunciation, deterrence, and retribution while considering youth and prior record.

Court Disposition

Offender sentenced to an aggregate term of imprisonment of 6 years, with a non-parole period of 4 years.

Orders

  • Aggregate sentence of imprisonment of 6 years, commencing 3 January 2018, expiring 2 January 2024.
  • Non-parole period set at 4 years, expiring 2 January 2022.