R v Fatima Mehajer [2018] NSWLC 12

R v Fatima Mehajer [2018] NSWLC 12

The offences were above the mid-level of seriousness because the defendant knowingly participated in planned applications containing false address information that affected the reliability and integrity of the electoral roll and caused damage to the democratic electoral system. A custodial sentence was required for the seriousness of the offending and general deterrence, but the defendant's guilty pleas, sincere remorse, lack of criminal history, reduced culpability from family dynamics, excellent rehabilitation prospects, low risk of re-offending, and exceptional hardship to her young children justified a sentence of 2 months imprisonment on each charge with immediate release upon...

Jurisdiction
Australia
Judgment Date
22 June 2018
Procedural Posture
Criminal Sentence for Commonwealth Offences of Providing False and Misleading Information to a Commonwealth Agency / Sentence Following Guilty Pleas
Outcome
Convicted on each charge and sentenced to 2 months imprisonment on each charge, to date from 22 June 2018, with immediate release upon entering into a recognizance for 9 months under section 20(1)(b) of the Crimes Act 1914 (Cth).
Legal Topics
['providing False and Misleading Information' 'electoral Roll Integrity' 'guilty Plea' 'contrition and Remorse' 'general and Personal Deterrence' 'exceptional Hardship to Family or Dependants' 'custodial Sentence' 'recognizance']
['criminal Law' 'sentencing' 'commonwealth Offences'] ['providing False and Misleading Information' 'electoral Roll Integrity' 'guilty Plea' 'contrition and Remorse' 'general and Personal Deterrence' 'exceptional Hardship to Family or Dependants' 'custodial Sentence' 'recognizance']

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Procedural Posture

Criminal Sentence for Commonwealth Offences of Providing False and Misleading Information to a Commonwealth Agency / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for 77 offences under section 137.1(1) of the Criminal Code (Cth).' 'Whether the offending warranted a custodial sentence given its effect on the reliability and integrity of the electoral roll and the democratic electoral system.' "What weight should be given to the defendant's guilty plea, remorse, lack of criminal history, family dynamics, prospects of rehabilitation, and hardship to her family and dependants." "Whether exceptional hardship to the defendant's young children justified immediate release on recognizance rather than full-time custody."]

Ratio Decidendi

The offences were above the mid-level of seriousness because the defendant knowingly participated in planned applications containing false address information that affected the reliability and integrity of the electoral roll and caused damage to the democratic electoral system. A custodial sentence was required for the seriousness of the offending and general deterrence, but the defendant's guilty pleas, sincere remorse, lack of criminal history, reduced culpability from family dynamics, excellent rehabilitation prospects, low risk of re-offending, and exceptional hardship to her young children justified a sentence of 2 months imprisonment on each charge with immediate release upon...

Court Disposition

Convicted on each charge and sentenced to 2 months imprisonment on each charge, to date from 22 June 2018, with immediate release upon entering into a recognizance for 9 months under section 20(1)(b) of the Crimes Act 1914 (Cth).

Orders

  • ['On each charge, conviction recorded.' 'On each charge, sentence of 2 months imprisonment to date from 22 June 2018.' 'The defendant is to be released immediately on condition that she enter into a recognizance self in the sum of $500 for a period of 9 months.' 'No supervision is required.']