DPP v MOURCHED [2010] NSWLC 2

DPP v MOURCHED [2010] NSWLC 2

The charge is serious, involving planned deception to obtain financial advantage of $955,620; mitigating factors do not justify dismissal under Section 10. The offender is convicted and sentenced to imprisonment due to the need for deterrence and denunciation of corruption.

Jurisdiction
Australia
Judgment Date
23 March 2010
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced to imprisonment
Legal Topics
['sentencing' 'false Statement' 'financial Advantage' 'corruption']
['criminal Law'] ['sentencing' 'false Statement' 'financial Advantage' 'corruption']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Whether the offender should be convicted and sentenced to imprisonment for publishing a false statement for financial advantage.' 'Whether mitigating circumstances, such as good character and remorse, warrant leniency or dismissal under Section 10 of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

The charge is serious, involving planned deception to obtain financial advantage of $955,620; mitigating factors do not justify dismissal under Section 10. The offender is convicted and sentenced to imprisonment due to the need for deterrence and denunciation of corruption.

Court Disposition

convicted and sentenced to imprisonment

Orders

  • ['The offender is convicted and sentenced to imprisonment for a period of 15 months.' 'The minimum period is 12 months and 23 days; the additional period is 4 months and 8 days to be served on parole.' 'Consideration of suitability for Home Detention pending assessment by Probation and Parole Service; proceedings...