R v Sappideen [2018] NSWDC 238

R v Sappideen [2018] NSWDC 238

A full-time custodial sentence is mandated for the multiple serious offences of dishonestly obtaining financial advantage by deception, given the magnitude, persistence, and circumstances of offending, with discounts applied for early guilty plea and assistance, and special circumstances found due to rehabilitation prospects and youth. An aggregate sentence of 12 years with a non-parole period of 8 years is appropriate having regard to the principles of totality, individual and aggregate sentence indications, and taking into account Form 1 matters.

Jurisdiction
Australia
Judgment Date
02 February 2018
Procedural Posture
Criminal / Sentencing
Outcome
Full time custodial sentence imposed.
Legal Topics
['sentencing' 'dishonestly Obtaining Financial Advantage by Deception' 'aggregate Sentencing' 'imprisonment' 'relevant Factors on Sentence']
['criminal Law'] ['sentencing' 'dishonestly Obtaining Financial Advantage by Deception' 'aggregate Sentencing' 'imprisonment' 'relevant Factors on Sentence']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for multiple offences of dishonestly obtaining financial advantage by deception under s 192E(1)(b) of the Crimes Act 1900?' 'How should Form 1 matters and aggregate sentencing be taken into account?' 'What statutory and common law principles are relevant to the sentencing in this case?']

Ratio Decidendi

A full-time custodial sentence is mandated for the multiple serious offences of dishonestly obtaining financial advantage by deception, given the magnitude, persistence, and circumstances of offending, with discounts applied for early guilty plea and assistance, and special circumstances found due to rehabilitation prospects and youth. An aggregate sentence of 12 years with a non-parole period of 8 years is appropriate having regard to the principles of totality, individual and aggregate sentence indications, and taking into account Form 1 matters.

Court Disposition

Full time custodial sentence imposed.

Orders

  • ['The offender is convicted of each offence.' 'Aggregate sentence of imprisonment of 12 years, commencing 28 November 2014 and expiring 27 November 2026.' 'Non-parole period of 8 years, expiring 27 November 2022.' 'Indicative sentences for principal counts range from 3 years to 7 years depending on the offence, as...