R v RIGANIAS [2010] NSWDC 116

R v RIGANIAS [2010] NSWDC 116

Given the offender's systematic and deceitful conduct in obtaining substantial sums from family and friends by deception, causing significant financial and psychological harm, and having regard to the need for general and specific deterrence, objective seriousness, minimal utilitarian value from the plea, and lack of exceptional mitigating factors, the appropriate sentence is an effective non-parole period of 4½ years and a head sentence of 6 years.

Jurisdiction
Australia
Judgment Date
25 June 2010
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to imprisonment with an effective non-parole period of 4½ years and a head sentence of 6 years.
Legal Topics
['sentencing' 'obtain Benefit by Deception' 'defrauding Family and Friends' 'victim Impact' 'dishonesty Offences']
['criminal Law'] ['sentencing' 'obtain Benefit by Deception' 'defrauding Family and Friends' 'victim Impact' 'dishonesty Offences']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for multiple counts of obtaining a benefit by deception under s 178BA of the Crimes Act 1900 involving defrauding family and friends?' "How should victim impact and offender's circumstances influence the sentence?"]

Ratio Decidendi

Given the offender's systematic and deceitful conduct in obtaining substantial sums from family and friends by deception, causing significant financial and psychological harm, and having regard to the need for general and specific deterrence, objective seriousness, minimal utilitarian value from the plea, and lack of exceptional mitigating factors, the appropriate sentence is an effective non-parole period of 4½ years and a head sentence of 6 years.

Court Disposition

Offender sentenced to imprisonment with an effective non-parole period of 4½ years and a head sentence of 6 years.

Orders

  • ['Imprisonment for 18 months on count 2 (from 20 Nov 2009)' 'Imprisonment for 18 months on count 3 (from 20 May 2010)' 'Imprisonment for 18 months on count 4 (from 20 Nov 2010)' 'Imprisonment for 18 months on count 5 (from 20 May 2011)' 'Imprisonment for 18 months on count 6 (from 20 Nov 2011)' 'Imprisonment for 18...