R v Bazouni [2020] NSWDC 61

R v Bazouni [2020] NSWDC 61

The offender intentionally participated in a joint criminal enterprise to dishonestly obtain financial advantages by deception through fraudulent bank loan applications. His role as lending manager was crucial and indispensable, the offending caused substantial loss to the bank, was motivated by greed, occurred over about seven months, involved planning and a grave breach of trust, and required a custodial aggregate sentence. Parity with co-offenders did not preclude a higher sentence because the offender's role and offences were materially different. Special circumstances justified a non-parole period below the statutory ratio.

Jurisdiction
Australia
Judgment Date
21 March 2020
Procedural Posture
Criminal Sentencing for Fraud Offences / Sentence After Jury Verdicts of Guilty
Outcome
The defendant was sentenced to an aggregate term of imprisonment of 5 years with a non-parole period of 3 years, backdated to 1 November 2019.
Legal Topics
['dishonestly Obtain Financial Advantage by Deception' 'attempt to Dishonestly Obtain Financial Advantage by Deception' 'bank Fraud' 'aggregate Sentence' 'parity' 'joint Criminal Enterprise' 'breach of Trust' 'objective Seriousness']
['criminal Law' 'sentencing'] ['dishonestly Obtain Financial Advantage by Deception' 'attempt to Dishonestly Obtain Financial Advantage by Deception' 'bank Fraud' 'aggregate Sentence' 'parity' 'joint Criminal Enterprise' 'breach of Trust' 'objective Seriousness']

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Procedural Posture

Criminal Sentencing for Fraud Offences / Sentence After Jury Verdicts of Guilty

Legal Issues

  1. 1 ['Whether the offences were committed intentionally or recklessly.' 'What findings of fact should be made beyond reasonable doubt for sentence.' 'Assessment of the objective seriousness of each offence.' 'Application of parity where co-offenders pleaded guilty to different offences and had different subjective cases.' 'Whether an aggregate sentence of imprisonment was appropriate and what non-parole period should be fixed.']

Ratio Decidendi

The offender intentionally participated in a joint criminal enterprise to dishonestly obtain financial advantages by deception through fraudulent bank loan applications. His role as lending manager was crucial and indispensable, the offending caused substantial loss to the bank, was motivated by greed, occurred over about seven months, involved planning and a grave breach of trust, and required a custodial aggregate sentence. Parity with co-offenders did not preclude a higher sentence because the offender's role and offences were materially different. Special circumstances justified a non-parole period below the statutory ratio.

Court Disposition

The defendant was sentenced to an aggregate term of imprisonment of 5 years with a non-parole period of 3 years, backdated to 1 November 2019.

Orders

  • ['You are sentenced to an aggregate term of imprisonment for 5 years.' 'The sentence commences on 1 November 2019.' 'You will be eligible for parole in 3 years from the commencement of your sentence.' 'The non-parole period expires on 31 October 2022.' 'Your head sentence expires on 31 October 2024.']