R v Tham [2019] NSWDC 766

R v Tham [2019] NSWDC 766

Given the significant and prolonged dishonesty, sophistication of identity fraud, and substantial loss to the Commonwealth, the objective seriousness of the conduct required an accumulated sentence with a single non-parole period. The sentence reflects gravity, the utilitarian value of the guilty plea (25% discount), general and specific deterrence, lack of significant prospects of rehabilitation, and the need for a reparation order.

Parties
Prosecution: Regina (Crown); Offender: Kwok Wah Tham
Jurisdiction
Australia
Judgment Date
08 November 2019
Procedural Posture
Sentence / Sentencing Hearing and Orders
Outcome
Convicted on all counts; sentenced to imprisonment; reparation order made
Legal Topics
Fraud, Sentencing, Imprisonment, Identity Fraud, Financial Advantage by Deception
Criminal Law Fraud Sentencing Imprisonment Identity Fraud Financial Advantage by Deception

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Parties

Regina (Crown)

Prosecution

Kwok Wah Tham

Offender

Procedural Posture

Sentence / Sentencing Hearing and Orders

Legal Issues

  1. 1 Appropriate sentencing for multiple offences involving dishonestly obtaining passports and financial advantage by deception from the Commonwealth
  2. 2 Assessment of objective and subjective seriousness of the offender's conduct
  3. 3 Impact of guilty plea and utilitarian value on sentencing

Ratio Decidendi

Given the significant and prolonged dishonesty, sophistication of identity fraud, and substantial loss to the Commonwealth, the objective seriousness of the conduct required an accumulated sentence with a single non-parole period. The sentence reflects gravity, the utilitarian value of the guilty plea (25% discount), general and specific deterrence, lack of significant prospects of rehabilitation, and the need for a reparation order.

Court Disposition

Convicted on all counts; sentenced to imprisonment; reparation order made

Orders

  • Imprisonment for 6 years and 9 months commencing 22 October 2018, expiring 21 July 2025
  • Single non-parole period of 4 years, eligible from 21 October 2023