R v Kabir [2018] NSWDC 495

R v Kabir [2018] NSWDC 495

The offences were objectively serious and involved a substantial breach of trust, extensive planning, and significant loss to the Commonwealth. The principles of punishment, deterrence, rehabilitation, and proportionality require a custodial sentence. The hardship to the offender's family did not amount to exceptional circumstances and an Intensive Correction Order would not provide adequate punishment. A discount was applied for the late guilty plea, but remorse was not found. An aggregate sentence of five years' imprisonment with a non-parole period of three years was appropriate.

Jurisdiction
Australia
Judgment Date
12 November 2018
Procedural Posture
Sentence / Remarks on Sentence
Outcome
Convicted of two offences; sentenced to aggregate imprisonment, reparation order made.
Legal Topics
['sentence' 'multiple Offences' 'commonwealth Offences' 'dishonestly Obtaining Financial Advantage']
['criminal Law'] ['sentence' 'multiple Offences' 'commonwealth Offences' 'dishonestly Obtaining Financial Advantage']

Case Brief

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Procedural Posture

Sentence / Remarks on Sentence

Legal Issues

  1. 1 ['Appropriate sentence for multiple offences under Commonwealth law including dealing with proceeds of crime and dishonestly obtaining a financial advantage by deception; Whether an Intensive Correction Order is appropriate; Assessment of objective seriousness; Effect of mental illness and guilty plea on sentence; Application of general sentencing principles and totality']

Ratio Decidendi

The offences were objectively serious and involved a substantial breach of trust, extensive planning, and significant loss to the Commonwealth. The principles of punishment, deterrence, rehabilitation, and proportionality require a custodial sentence. The hardship to the offender's family did not amount to exceptional circumstances and an Intensive Correction Order would not provide adequate punishment. A discount was applied for the late guilty plea, but remorse was not found. An aggregate sentence of five years' imprisonment with a non-parole period of three years was appropriate.

Court Disposition

Convicted of two offences; sentenced to aggregate imprisonment, reparation order made.

Orders

  • ["Aggregate sentence of five years' imprisonment with a non-parole period of three years, commencing 13 November 2018; parole eligibility on 12 November 2021; head sentence expires 12 November 2023." 'Pursuant to s21B of the Crimes Act 1914 (Cth), reparation order for $85,375.46 in favour of the Commonwealth.']