CDPP v Sharma

[2022] VCC 2130

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 22-01331

DIRECTOR OF PUBLIC PROSECUTIONS

(CTH)

v

VISHAL SHARMA

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JUDGE:	HER HONOUR JUDGE QUIN
WHERE HELD:	Melbourne
DATE OF HEARING:	2 December 2022
DATE OF SENTENCE:	2 December 2022
CASE MAY BE CITED AS:	CDPP v Sharma
MEDIUM NEUTRAL CITATION:	[2022] VCC 2130

REASONS FOR SENTENCE

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Subject:  Make a false travel document,  possess identification information with an intention that a person will use the identification information to engage in conduct, conduct which constitutes a criminal offence, and dealing with money that was reasonably suspected to be proceeds of crime.

Catchwords:

Legislation Cited:

Cases Cited:

Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Commonwealth	Ms M. Brown	CDPP
For the Accused	Mr A. Pyne	VLA

HER HONOUR: 

1Vishal Sharma, you have pleaded guilty to the following Commonwealth offences.  Charge 1, make a false travel document.  Charge 2, possess identification information with an intention that a person will use the identification information to engage in conduct, conduct which constitutes a criminal offence; and 3, dealing with money that was reasonably suspected to be proceeds of crime.  The maximum penalty for Charge 1 is 10 years' imprisonment or 1,000 penalty units or both; Charge 2, three years imprisonment; and Charge 3, two years' imprisonment or 120 penalty units.

2These charges arose from an AFP investigation into the importation of border controlled drugs by Amritpal Singh Gill, who you, along with another individual, assisted in committing offences peripheral to the drug importations he was facilitating. At the outset I should indicate that it was not alleged you were involved with the importation of drugs.

3I was provided with detailed written submissions from defence and have taken that material into account.

4In sentencing for Commonwealth matters the Court is required by 16A1 of the Act to impose a sentence or make an order that is of the severity appropriate in all the circumstances. The Court is to have regard to the non-exhaustive matters listed in s16A2 of the Act. 

5The circumstances of your offending are set out in the summary of prosecution opening dated 29 November 2022 (Exhibit A).

6In respect of Charge 1, analysis of your phone revealed two separate instances in which photographs taken of passports were altered electronically by you.  This is a rolled-up charge.

7First, on 5 January 2021 you altered the name on an image of a passport from Numal Singh to Harpreet Singh; and second, at an unknown time you altered an image of an Indian passport in your own name to Prahab Kumar.

8You received instructions via text from Gill regarding these alterations.  The images or photos were located on your mobile phone when seized by police.

9Charge 2.  On 5 January 2021 you sent a photo of a passport in the name of Numal Singh to Gill.  The passport was later seized in a car connected to you, when you were arrested.  This identification was used as the consignee number for a number of consignments containing commercial quantities of border controlled drugs, as set out in the table in Exhibit A.

10Charge 3.  A bank account was opened with the ANZ in the name of Christopher Anderson with relevant identification, though no photographic identification being provided.  You deposited cash into this bank account on 11 occasions between 13 January 2021 and 7 February 2021 after receiving instructions or directions from Gill via text message.

11You were identified as a consequence of your mobile number being used for the deposit, you receiving instructions via text re the deposits, or by CCTV footage where deposits were made.

12As to the objective seriousness in respect of each of these offences.

13Charge 1, the offending relates to two altered photographs of identity documents.  The quantity is low.  The images of the documents are altered.  The offending does not involve manufacturing of a whole passport.  The method by which the documents were altered, that is changing the name, was not particularly sophisticated.  The conduct was carried out at the request of Gill, who was the principal offender in respect of very serious offending. It is not part of a commercial operation, that is your offending is not part of a commercial operation dealing with fraudulent identity documents.  I accept that this is a relatively low example of this offence, though also that the integrity of identity documents must be maintained.

14In respect of Charge 2, the offending relates to a passport in the name of Numal Singh and an image of that passport supplied with the intent that Gill would use that information so that he could pretend to be somebody else.  It is not alleged that you were involved in importing drugs or knew about the consignments to which that individual had the packages directed.

15General deterrence clearly has a role to play in any identity fraud.  I accept it is a relatively low level example of this offence and relates to a single piece of identification information that was supplied to the principal offender, Gill, in this case.

16In respect of Charge 3, the mental element or intent in respect of this offence is irrelevant under the legislation.  The amount of 15,450 is significantly less than the threshold amount of 100,000.  Although there were multiple transactions the period of offending was for approximately a month.  It was objectively viewed a low to mid-level example of that offence.

17I take into account your plea of guilty, although it was not offered at the earliest opportunity and a committal was conducted, that was at a time when you faced much more serious drug charges.  Your plea saved the cost to the community of a trial and has a utilitarian value.  The value of your plea is enhanced as a consequence of the impact that Covid has had on the Court and backlog of cases impacting on the administration of justice in this State.

18You are currently aged 24 and were 22 when this offending occurred.  You were born in Haryana, India and have one brother.  Your father works in construction and your mother has ceased work.  I was informed that you were an excellent student at school.  You completed high school and travelled to Australia intending to work in information technology.  You currently have no valid visa and will be deported to India when these matters are finalised.

19You obtained work at a restaurant in Thomastown and hoped to support yourself financially whilst studying.  You were enrolled in a three year Bachelor Degree in IT at Southern Cross University, though only completed nine to 10 months. 

20I was informed that during this period in Australia, you became very depressed because of personal issues relating to your identity.  One of the friends you were living with introduced you to heroin.  You used this to help you with your personal issues however, you quickly could not afford it.  Your supply of heroin was from Gill and this led to your involvement in the offending with him.

21Although you are not a young offender as defined in the Sentencing Act 1991, I take into account considerations relevant matters in sentencing young offenders, particularly given that you have no prior convictions, have a good education and level of intelligence. Hopefully you will take advantage of these attributes and lead a fruitful life when you return to your country.

22As to your prospects for rehabilitation you have no convictions.  I was informed that you have told your parents about these matters and they are supportive of you.  You are educated and have an interest in IT.  There is nothing to suggest that further studies and a career in this field cannot be pursued in India.

23Of concern is your drug addiction however, I was informed that the period of enforced abstinence in custody has been beneficial for you and that you have managed to quit the habit.

24You have utilised your time well in custody, undertaking a number of courses and I refer to the certificate bundle Exhibit 2.

25I accept that your time on remand has been more difficult, given the Covid situation.  Prisoners’ movements are more restricted and conditions have been affected.  Your time has been more burdensome that it would have been in the pre-pandemic times.

26Offending of this nature facilitates very serious offending relating in this instance to the significant drug importation.  The validity of government documents or identification documents is necessary for the running of good administration and functioning of society.  Others, who like you are willing to be involved in these kind of activities, need to know that they will be punished. 

27General deterrence, denunciation and just punishment are relevant sentencing considerations, less so specific deterrence because of the fact you have no priors and reasonably good rehabilitation prospects.

28Your counsel conceded a sentence of imprisonment was the only appropriate penalty however, it was submitted that for offending of this nature that all purposes of sentencing can be achieved by imposing a sentence of imprisonment that does not exceed the time already served, namely 659 days or one year nine months and 21 days.

29The prosecution submitted a term of imprisonment was warranted, though the adequacy of time served was conceded.

30In all the circumstances I propose to sentence you as follows.

31In respect of Charge 1, make a false travel document, you are convicted and sentenced to a term of imprisonment of one year.

32In respect of Charge 2, the possess identification information, you are convicted and sentenced to a term of imprisonment of three months.

33In respect of the proceeds of crime, Charge 3, you are convicted and sentenced to a term of imprisonment of three months.

34Each of those sentences will be cumulative, thus a total effective sentence of 18 months is imposed.

35Where a Federal sentence is less than three years, s19AC4 of the Act contains a discretion to decline to make a recognisance release order, that is, impose a straight sentence and that is what I propose to do.

36I also declare PSD of 659 days.  What that means is that you will be entitled to be released from custody today.

37Pursuant to s6AAA of the Sentencing Act, if you had not pleaded guilty to this matter I would have imposed a term of imprisonment of two and a half years. 

38MS BROWN:  As Your Honour pleases.

39MR PYNE:  As Your Honour pleases.

40HER HONOUR:  Is there anything else?

41MS BROWN:  Yes, Your Honour.  Just in terms of the way the commencement dates need to be specified in relation to each ‑ ‑ ‑

42HER HONOUR:  Yes.

43MS BROWN:  ‑ ‑ ‑ and given that Your Honour has ordered total cumulation, might I suggest the appropriate way of doing that is to say that the sentence on Charge 2 is to commence at the expiry of the sentence on Charge 1, and that the sentence of Charge 3 is to commence on the expiry of the sentence imposed on Charge 2.

44HER HONOUR:  Yes.  I will have that phrased in that manner on the order.

45MS BROWN:  As Your Honour pleases.

46HER HONOUR:  Anything else?

47MS BROWN:  No, Your Honour.

48HER HONOUR:  Thank you.  Thank you very much.

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