R v Mustapha [2024] NSWDC 30

R v Mustapha [2024] NSWDC 30

Given the offender's good background, substantive rehabilitation, low risk of reoffending, and the period elapsed since offending, community safety would be best served by an intensive correction order rather than full-time imprisonment. Aggregate term of imprisonment for three years, to be served by way of intensive correction order with community service and reparation order.

Parties
Crown: Rex; Offender: Ismail Mustapha
Jurisdiction
Australia
Judgment Date
23 February 2024
Procedural Posture
Sentence / Decision on Sentence After Guilty Plea
Outcome
Aggregate term of imprisonment for three years to be served by way of an Intensive Corrections Order. Reparation order.
Legal Topics
Sentence, Obtain a Financial Advantage by Deception, Dealing With Proceeds of Crime, Attempt to Obtain Financial Advantage by Deception
Criminal Sentence Obtain a Financial Advantage by Deception Dealing With Proceeds of Crime Attempt to Obtain Financial Advantage by Deception

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Parties

Rex

Crown

Ismail Mustapha

Offender

Procedural Posture

Sentence / Decision on Sentence After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for obtaining a financial advantage by deception
  2. 2 Appropriate sentence for dealing with proceeds of crime
  3. 3 Appropriate sentence for attempting to obtain a financial advantage by deception

Ratio Decidendi

Given the offender's good background, substantive rehabilitation, low risk of reoffending, and the period elapsed since offending, community safety would be best served by an intensive correction order rather than full-time imprisonment. Aggregate term of imprisonment for three years, to be served by way of intensive correction order with community service and reparation order.

Court Disposition

Aggregate term of imprisonment for three years to be served by way of an Intensive Corrections Order. Reparation order.

Orders

  • Aggregate sentence of imprisonment for 3 years, to be served by way of intensive correction order commencing 23 February 2024
  • Offender must perform 500 hours community service