R v Vongsaytham [2019] NSWDC 65

R v Vongsaytham [2019] NSWDC 65

The offender was sentenced to an aggregate term of imprisonment for committing nine offences of using false instruments to obtain mortgage loans, each of serious and deliberate character, after consideration of both objective and subjective features, prior offending, family circumstances and limited evidence of remorse. Special circumstances found, leading to a reduced non-parole period and an extended parole period to facilitate rehabilitation.

Jurisdiction
Australia
Judgment Date
08 February 2019
Procedural Posture
Criminal / Sentence
Outcome
Convicted on each count. Aggregate sentence of 3 years and 9 months imprisonment with a non-parole period of 2 years and 3 months. Special circumstances found in favour of an extended parole period.
Legal Topics
['using False Instrument' 'fraudulent Loan Applications' "overstatement of Borrower's Financial Position" 'use of False Documents' 'planned and Deliberate Fraud' 'sentencing Considerations']
['criminal Law'] ['using False Instrument' 'fraudulent Loan Applications' "overstatement of Borrower's Financial Position" 'use of False Documents' 'planned and Deliberate Fraud' 'sentencing Considerations']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for multiple offences of using false instruments to obtain loans fraudulently' 'Determination of objective seriousness and subjective circumstances' 'Consideration of general and specific deterrence and prospects of rehabilitation']

Ratio Decidendi

The offender was sentenced to an aggregate term of imprisonment for committing nine offences of using false instruments to obtain mortgage loans, each of serious and deliberate character, after consideration of both objective and subjective features, prior offending, family circumstances and limited evidence of remorse. Special circumstances found, leading to a reduced non-parole period and an extended parole period to facilitate rehabilitation.

Court Disposition

Convicted on each count. Aggregate sentence of 3 years and 9 months imprisonment with a non-parole period of 2 years and 3 months. Special circumstances found in favour of an extended parole period.

Orders

  • ["On each count: 23 months' imprisonment (indicative)" "Total term of 3 years and 9 months' imprisonment, commencing 13/12/2018; non-parole period of 2 years and 3 months to expire 12/3/2021; balance term of 1 year and 6 months to expire 12/9/2022"]