R v Tunde Doja [2008] NSWDC 69

R v Tunde Doja [2008] NSWDC 69

The offender was sentenced to terms of imprisonment on multiple counts of obtaining financial advantage by deception, reflecting the serious nature of the offences, the abuse of a position of trust, the need for deterrence, and the harm to victims, with cumulative and concurrent sentences structured having regard to totality and special circumstances.

Parties
Prosecutor: The Crown; Offender: Tunde Doja
Jurisdiction
Australia
Judgment Date
28 March 2008
Procedural Posture
Criminal / Sentencing After Jury Trial and Conviction
Outcome
offender sentenced to full-time imprisonment with specified non-parole and total terms
Legal Topics
Sentencing, Obtaining Financial Advantage by Deception
Criminal Law Sentencing Obtaining Financial Advantage by Deception

Case Brief

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Parties

The Crown

Prosecutor

Tunde Doja

Offender

Procedural Posture

Criminal / Sentencing After Jury Trial and Conviction

Legal Issues

  1. 1 Appropriate sentence for offences of obtaining financial advantage by deception while acting as an unlicensed financial advisor
  2. 2 Consideration of aggravating and mitigating circumstances under Crimes (Sentencing Procedure) Act 1999
  3. 3 Application of principles of totality, special circumstances, and abuse of position of trust

Ratio Decidendi

The offender was sentenced to terms of imprisonment on multiple counts of obtaining financial advantage by deception, reflecting the serious nature of the offences, the abuse of a position of trust, the need for deterrence, and the harm to victims, with cumulative and concurrent sentences structured having regard to totality and special circumstances.

Court Disposition

offender sentenced to full-time imprisonment with specified non-parole and total terms

Orders

  • On counts 7-12: imprisonment with non-parole period of 2 years, total term of 4 years, commencing at specified staggered dates for each count.
  • On counts 13-14: imprisonment with non-parole period of 18 months, total term of 3 years, concurrent terms, non-parole period commencing 1 May 2010 and expiring 31 October 2011, total term expiring 30 April 2013.