R v Robinson, Sam [2007] NSWDC 372

R v Robinson, Sam [2007] NSWDC 372

The offender's repeated, deliberate and sophisticated fraudulent conduct, involving dual identities, false identification and company materials, caused substantial losses and required sentences of imprisonment. The explanation given to Probation and Parole was rejected as untrue, rehabilitation prospects were clouded, and deterrence was important. The guilty pleas warranted recognition, including a 15 per cent discount for the State matters, and the final structure of sentences was adjusted for totality, time in custody and special circumstances.

Jurisdiction
Australia
Judgment Date
14 September 2007
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas
Outcome
Sentences of imprisonment imposed.
Legal Topics
['fraudulent Conduct' 'obtaining Benefit by Deception' 'commonwealth Offences' 'new South Wales Offences' 'bankruptcy Offences' 'guilty Plea Discount' 'totality' 'special Circumstances']
['criminal Law' 'sentencing'] ['fraudulent Conduct' 'obtaining Benefit by Deception' 'commonwealth Offences' 'new South Wales Offences' 'bankruptcy Offences' 'guilty Plea Discount' 'totality' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed for eight Commonwealth offences and eight New South Wales fraud-related offences, with further New South Wales matters to be taken into account on a Form 1 and two back-up charges under s 166 of the Criminal Procedure Act 1986.' 'How the objective criminality of repeated fraudulent conduct over multiple periods should be assessed.' "What weight should be given to the offender's subjective circumstances, guilty pleas, rehabilitation prospects, deterrence, totality and special circumstances."]

Ratio Decidendi

The offender's repeated, deliberate and sophisticated fraudulent conduct, involving dual identities, false identification and company materials, caused substantial losses and required sentences of imprisonment. The explanation given to Probation and Parole was rejected as untrue, rehabilitation prospects were clouded, and deterrence was important. The guilty pleas warranted recognition, including a 15 per cent discount for the State matters, and the final structure of sentences was adjusted for totality, time in custody and special circumstances.

Court Disposition

Sentences of imprisonment imposed.

Orders

  • ['For count 13, the offender was sentenced to a non-parole period of 9 months from 14 March 2008 to 13 December 2008, with an additional term of 6 months expiring on 13 June 2009; special circumstances were found.' 'For counts 9, 10, 11, 12, 14, 15 and 16, the offender was sentenced to a non-parole period of 6...