R v Zhong [2018] NSWLC 1

R v Zhong [2018] NSWLC 1

The offences were objectively serious because they involved planned and sophisticated fraudulent conduct, production of false documents, enlistment of others, substantial sums, multiple victims and commission while the offender was subject to intensive correction orders for similar fraud offending. Delay did not warrant a discrete mitigatory allowance because no adverse impact or state of uncertain suspense was established, although demonstrated rehabilitation was credited. An overall sentence of 2 years or less and an intensive correction order would be disproportionate and would not adequately reflect deterrence, punishment, accountability, denunciation, community protection or victim...

Jurisdiction
Australia
Judgment Date
30 January 2018
Procedural Posture
Criminal Sentencing / Sentence After Pleas of Guilty
Outcome
The offender was sentenced to full time imprisonment by aggregate sentence, with a compensation order made by consent.
Legal Topics
['cybercrime' 'fraud' 'false Documents' 'possess Property Stolen Outside New South Wales' 'unauthorised Computer Function With Intent to Commit Serious Indictable Offence' 'offending While Subject to Intensive Correction Orders' 'delay on Sentencing' 'rehabilitation' 'general and Specific Deterrence' 'aggregate Sentence' 'victims Compensation Order']
['criminal Law' 'sentencing'] ['cybercrime' 'fraud' 'false Documents' 'possess Property Stolen Outside New South Wales' 'unauthorised Computer Function With Intent to Commit Serious Indictable Offence' 'offending While Subject to Intensive Correction Orders' 'delay on Sentencing' 'rehabilitation' 'general and Specific Deterrence' 'aggregate Sentence' 'victims Compensation Order']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's four offences involving false documents, stolen property and unauthorised computer access." 'Whether delay between the offending and sentencing warranted a mitigatory allowance.' "Whether the offender's rehabilitation, mental condition, remorse and guilty pleas justified an intensive correction order or special circumstances." 'What weight should be given to self-serving and untested statements in the psychologist report.' 'Whether an aggregate sentence under s.53A of the Crimes (Sentencing Procedure) Act 1999 (NSW) should be imposed.']

Ratio Decidendi

The offences were objectively serious because they involved planned and sophisticated fraudulent conduct, production of false documents, enlistment of others, substantial sums, multiple victims and commission while the offender was subject to intensive correction orders for similar fraud offending. Delay did not warrant a discrete mitigatory allowance because no adverse impact or state of uncertain suspense was established, although demonstrated rehabilitation was credited. An overall sentence of 2 years or less and an intensive correction order would be disproportionate and would not adequately reflect deterrence, punishment, accountability, denunciation, community protection or victim...

Court Disposition

The offender was sentenced to full time imprisonment by aggregate sentence, with a compensation order made by consent.

Orders

  • ['In respect of all sequences, the offender is sentenced to an aggregate term of imprisonment consisting of a non-parole period of 20 months and a total term of 3 years, both to date from 30 January 2018.' 'The offender will be eligible for release subject to supervision on parole on 29 September 2019.' "By consent,...