R v MCGANN [2009] NSWDC 379

R v MCGANN [2009] NSWDC 379

Because Mr McGann participated as a runner in a sophisticated identity theft and fraud operation causing a substantial loss of $211,500, and because such offences require general deterrence, imprisonment was required. However, his lesser role, youth, guilty pleas, co-offender parity, time already spent in custody for an unrelated offence, closeness of the two withdrawals, Form 1 and form 16B(a) matters, special circumstances and totality justified sentences structured so that the effective minimum term ran from 11 September 2009 with parole eligibility on 10 September 2011 and expiry on 11 September 2012.

Jurisdiction
Australia
Judgment Date
18 December 2009
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea
Outcome
Convicted and sentenced to imprisonment.
Legal Topics
['identity Theft' 'fraud' 'dealing With Property Intended to Be an Instrument of Crime' 'use of Forged Commonwealth Document' 'obtaining Benefit by Deception' 'general Deterrence' 'totality' 'parity With Co Offenders']
['criminal Law' 'sentencing'] ['identity Theft' 'fraud' 'dealing With Property Intended to Be an Instrument of Crime' 'use of Forged Commonwealth Document' 'obtaining Benefit by Deception' 'general Deterrence' 'totality' 'parity With Co Offenders']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentences should be imposed for dealing with property intending it to be an instrument of crime, using a forged Commonwealth document, and obtaining benefits by deception.' "How to account for the offender's role as a runner rather than an initiator of the fraud, the substantial loss caused, his age, prior custody on an unrelated sentence, Form 1 and form 16B(a) matters, parity with co-offenders, totality, and general deterrence."]

Ratio Decidendi

Because Mr McGann participated as a runner in a sophisticated identity theft and fraud operation causing a substantial loss of $211,500, and because such offences require general deterrence, imprisonment was required. However, his lesser role, youth, guilty pleas, co-offender parity, time already spent in custody for an unrelated offence, closeness of the two withdrawals, Form 1 and form 16B(a) matters, special circumstances and totality justified sentences structured so that the effective minimum term ran from 11 September 2009 with parole eligibility on 10 September 2011 and expiry on 11 September 2012.

Court Disposition

Convicted and sentenced to imprisonment.

Orders

  • ['He is convicted.' 'In regard to the 178B(a) offence of 14 May 2008, he is sentenced to a minimum term of two years and an additional term of one year to date from 11 March 2009.' 'In regard to the 178B(a) offence of 15 May 2008, together with the Form 1 matters, he is sentenced to a minimum term of two years and...