R v Bekdache [2018] NSWDC 9

R v Bekdache [2018] NSWDC 9

Given the seriousness and objective gravity of the offence—importing over a tonne of tobacco with intent to defraud nearly $1 million in duty—a sentence of imprisonment is necessary despite significant subjective factors in the offender’s favour.

Parties
Prosecution: The Crown; Offender: Mahamad Bekdache
Jurisdiction
Australia
Judgment Date
02 February 2018
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to 2.5 years imprisonment, to be released after 12 months on recognizance, $18,000 forfeiture order made.
Legal Topics
Import Tobacco Product With Intention of Defrauding Revenue, Sentencing, Duty Evasion, Harm From Addictive Substances, Comparison With Tax/social Security Fraud
Criminal Law Import Tobacco Product With Intention of Defrauding Revenue Sentencing Duty Evasion Harm From Addictive Substances Comparison With Tax/social Security Fraud

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Parties

The Crown

Prosecution

Mahamad Bekdache

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for importing tobacco with intent to defraud revenue
  2. 2 Consideration of loss to Commonwealth and gravity of duty evasion
  3. 3 Treatment of personal mitigation and remorse

Ratio Decidendi

Given the seriousness and objective gravity of the offence—importing over a tonne of tobacco with intent to defraud nearly $1 million in duty—a sentence of imprisonment is necessary despite significant subjective factors in the offender’s favour.

Court Disposition

Offender sentenced to 2.5 years imprisonment, to be released after 12 months on recognizance, $18,000 forfeiture order made.

Orders

  • Imprisonment for 2 ½ years commencing 1 February 2018.
  • Release after serving 12 months on recognizance self in the sum of $5000 to be of good behaviour for balance of sentence.