R v Yeoh; R v Mohammed; R v Zhang and R v Lee. [2018] NSWDC 201

R v Yeoh; R v Mohammed; R v Zhang and R v Lee. [2018] NSWDC 201

Each offender participated for financial gain in a sophisticated, organised criminal group manufacturing and supplying high-quality false driver's licences and Medicare cards used to defraud banks. The seriousness of the offending, the planned and organised nature of the activity, the losses caused and the need for general deterrence required imprisonment for each offender, although sentence length and parole structure were mitigated according to each offender's role, plea, remorse, rehabilitation prospects, prior history, special circumstances and, for Mr Lee, highly exceptional hardship to his son.

Jurisdiction
Australia
Judgment Date
28 June 2018
Procedural Posture
Criminal Sentence / Sentence After Pleas of Guilty in the District Court
Outcome
Offenders convicted; Mr Mohammed, Ms Zhang and Mr Lee sentenced to imprisonment; Mr Yeoh referred for assessment for an intensive corrections order and sentence adjourned part heard.
Legal Topics
['identity Fraud' 'manufacture of False Identity Documents' 'dealing With Identification Information' 'participating in a Criminal Group' 'possessing Material or Equipment for Making False Documents' 'aggravating Factors' 'mitigating Factors' 'general Deterrence' 'specific Deterrence' 'parity' 'special Circumstances' 'exceptional Hardship' 'plea of Guilty']
['criminal Law' 'sentencing'] ['identity Fraud' 'manufacture of False Identity Documents' 'dealing With Identification Information' 'participating in a Criminal Group' 'possessing Material or Equipment for Making False Documents' 'aggravating Factors' 'mitigating Factors' 'general Deterrence' 'specific Deterrence' 'parity' 'special Circumstances' 'exceptional Hardship' 'plea of Guilty']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Pleas of Guilty in the District Court

Legal Issues

  1. 1 ['What sentences should be imposed for offences involving dealing with identification information, manufacturing false identity documents and participating in a criminal group.' "The objective seriousness of each offender's role in a sophisticated and organised identity fraud scheme causing losses to banks." 'Whether aggravating factors of planned or organised criminal activity and financial gain applied.' 'What weight should be given to guilty pleas, remorse, prospects of rehabilitation, prior criminal history and assistance or admissions to law enforcement authorities.' "Whether hardship to Mr Lee's son was highly exceptional and justified mitigation and a finding of special circumstances." 'Whether any penalty other than imprisonment was appropriate.']

Ratio Decidendi

Each offender participated for financial gain in a sophisticated, organised criminal group manufacturing and supplying high-quality false driver's licences and Medicare cards used to defraud banks. The seriousness of the offending, the planned and organised nature of the activity, the losses caused and the need for general deterrence required imprisonment for each offender, although sentence length and parole structure were mitigated according to each offender's role, plea, remorse, rehabilitation prospects, prior history, special circumstances and, for Mr Lee, highly exceptional hardship to his son.

Court Disposition

Offenders convicted; Mr Mohammed, Ms Zhang and Mr Lee sentenced to imprisonment; Mr Yeoh referred for assessment for an intensive corrections order and sentence adjourned part heard.

Orders

  • ['Mr Yeoh is convicted.' 'Mr Yeoh is referred for assessment as to his suitability for an intensive corrections order as a means of serving the sentence.' 'Mr Yeoh is directed to report in person to the Hurstville Community Corrections Office on or before 4.00pm on Friday 29 June 2018 and at such other times as...