R v Rahman [2019] NSWDC 868

R v Rahman [2019] NSWDC 868

The offender knowingly skimmed passengers' credit card information and supplied it to Islam for payment, facilitating fraud through a sophisticated syndicate. His role was integral and the offence was above the low end and towards the middle range of objective seriousness, with multiple victims or a series of criminal acts and a prior dishonesty conviction. However, the offending appeared to be over a short period, there was no evidence of actual related fraud resulting from his skimming, he pleaded guilty early, had favourable rehabilitation prospects, low risk of re-offending, remorse, treatment for gambling addiction, and psychological issues warranting some mitigation. A term of...

Jurisdiction
Australia
Judgment Date
06 December 2019
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea
Outcome
The offender was convicted and sentenced to imprisonment for 12 months, to be served by way of an intensive correction order commencing on 6 December 2019.
Legal Topics
['intensive Correction Orders' 'identity Information Offences' 'credit Card Skimming' 'aggravating Factors' 'mitigating Factors' 'parity' 'general Deterrence' 'rehabilitation' 'guilty Plea']
['criminal Law' 'sentencing'] ['intensive Correction Orders' 'identity Information Offences' 'credit Card Skimming' 'aggravating Factors' 'mitigating Factors' 'parity' 'general Deterrence' 'rehabilitation' 'guilty Plea']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for dealing with identification information with the intention of committing or facilitating the commission of an indictable offence under s 192J of the Crimes Act 1900.' "Whether the offender's role in a credit card skimming syndicate, prior dishonesty conviction, multiple victims or series of criminal acts, and financial gain affected objective seriousness and aggravation." 'Whether subjective factors including remorse, rehabilitation, gambling disorder, post-traumatic stress disorder, guilty plea, delay and low risk of re-offending justified an intensive correction order rather than full-time custody.' 'How parity with co-offenders Islam, Ahmed, Rabbi and Alam should inform sentence.']

Ratio Decidendi

The offender knowingly skimmed passengers' credit card information and supplied it to Islam for payment, facilitating fraud through a sophisticated syndicate. His role was integral and the offence was above the low end and towards the middle range of objective seriousness, with multiple victims or a series of criminal acts and a prior dishonesty conviction. However, the offending appeared to be over a short period, there was no evidence of actual related fraud resulting from his skimming, he pleaded guilty early, had favourable rehabilitation prospects, low risk of re-offending, remorse, treatment for gambling addiction, and psychological issues warranting some mitigation. A term of...

Court Disposition

The offender was convicted and sentenced to imprisonment for 12 months, to be served by way of an intensive correction order commencing on 6 December 2019.

Orders

  • ['The offender is convicted of the offence.' 'There being no other appropriate penalty, a sentence of imprisonment of 12 months is imposed.' 'Pursuant to section 7(1) of the Crimes (Sentencing Procedure) Act 1999, the sentence is to be served by way of an intensive corrections order commencing today.' 'The offender...