R v Mourad [2019] NSWDC 38

R v Mourad [2019] NSWDC 38

Given the high objective seriousness of the offences, the financial value involved, premeditation, repeated conduct, use of deception, and strong need for deterrence, there is no alternative to fulltime custody; an aggregate term of three years imprisonment is imposed with release on recognisance after two years.

Jurisdiction
Australia
Judgment Date
11 January 2019
Procedural Posture
Criminal / Sentence
Outcome
Aggregate term of imprisonment of 3 years, with release on recognisance after serving two years.
Legal Topics
['sentencing' 'importation of Tobacco' 'fraud' 'revenue Offences' 'general Deterrence']
['criminal Law'] ['sentencing' 'importation of Tobacco' 'fraud' 'revenue Offences' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for importing tobacco products with intent to defraud the revenue' 'Application of general and specific deterrence in sentencing for revenue offences' 'Consideration of factors under s 16A Crimes Act 1914 (Cth)']

Ratio Decidendi

Given the high objective seriousness of the offences, the financial value involved, premeditation, repeated conduct, use of deception, and strong need for deterrence, there is no alternative to fulltime custody; an aggregate term of three years imprisonment is imposed with release on recognisance after two years.

Court Disposition

Aggregate term of imprisonment of 3 years, with release on recognisance after serving two years.

Orders

  • ['The offender is convicted of each offence.' 'Aggregate sentence of imprisonment of three years to commence 11 January 2019, expiring 10 January 2022.' 'After serving two years, the offender is released on condition of entering into a recognisance (self in the sum of $100), to be of good behaviour and supervised...