Police V Inthavong [2009] NSWLC 2

Police V Inthavong [2009] NSWLC 2

Given the serious and repeated nature of the offences, aggravating factors including breach of trust, recidivism, offending while on parole and home detention, and failure of rehabilitation, no alternative other than full time imprisonment is warranted. Sentences for grouped offences are partly concurrent and partly cumulative to reflect principles of totality, resulting in a fixed total term. Requests for periodic or suspended detention are refused, and compensation is ordered.

Jurisdiction
Australia
Judgment Date
06 February 2009
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to full-time imprisonment; compensation ordered.
Legal Topics
['dishonest Obtaining of Benefit' 'deception' 'sentencing' 'aggravating and Mitigating Factors' 'general Deterrence']
['criminal Law'] ['dishonest Obtaining of Benefit' 'deception' 'sentencing' 'aggravating and Mitigating Factors' 'general Deterrence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for 17 counts of dishonestly obtaining a benefit by deception, considering aggravating and mitigating factors, rehabilitation, and principles of totality and general deterrence?']

Ratio Decidendi

Given the serious and repeated nature of the offences, aggravating factors including breach of trust, recidivism, offending while on parole and home detention, and failure of rehabilitation, no alternative other than full time imprisonment is warranted. Sentences for grouped offences are partly concurrent and partly cumulative to reflect principles of totality, resulting in a fixed total term. Requests for periodic or suspended detention are refused, and compensation is ordered.

Court Disposition

Convicted and sentenced to full-time imprisonment; compensation ordered.

Orders

  • ['Imprisonment for a total of 21 months for the first 7 offences (split into two blocks: 4 months 15 days concurrent on sequences 1-4, then cumulative 4 months 15 days on sequences 5-7)' 'Imprisonment for each of the 9 subsequent offences at 9 months each, served concurrently, but cumulatively on earlier term'...