Director of Public Prosecutions v Ahmed
[2025] VCC 784
•12 June 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-25-00024
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| SHIHAM AHMED |
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JUDGE: | HER HONOUR JUDGE HARPER | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 21 May 2025 | |
DATE OF SENTENCE: | 12 June 2025 | |
CASE MAY BE CITED AS: | DPP v Ahmed | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 784 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Negligently deal with proceeds of crime
Legislation Cited: Sentencing Act 1991
Cases Cited:
Sentence: 18 month CCO with conviction
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr M. Roper | Ms A Hogan, Solicitor for Public Prosecutions |
| For the Accused | Mr R. Fida | TBJ Law |
HER HONOUR:
1Shiham Ahmed, you have pleaded guilty before me to a single charge of negligently dealing with the proceeds of crime, the maximum penalty for which is five years' imprisonment.
Circumstances of offending
2The circumstances of your offending were outlined in the Summary of Prosecution Opening on Plea dated 11 April 2025.
3In early 2022, you were involved in blockchain and cryptocurrency and regularly gave money to strangers through these platforms to try and get a return from trading.
4At this time, Vicki Parker had received a $200,000 WorkCover payment for injuries sustained working as a nurse. She had placed the money into her partner, Robert Molco's, bank account which was offset against their mortgage.
5Ms Parker researched investment companies and spoke to a male purporting to be Andrew Ferris from Société Générale Australia Ltd.
6On 23 March 2022, Ms Parker was instructed by Ferris to deposit the $200,000 into a Bank of Melbourne Account ending 9003. On 31 March 2022, she did so. On 1 April 2022 Ms Parker received a 'Bond Certificate', purporting to be proof of her deposit from Société Générale.
7On 26 May 2022, Ms Parker advised Ferris that she wished to withdraw $40,000 from her investment. He instructed her to contact the bank, which advised the request would take four to six weeks.
8The following morning Ms Parker again attempted to contact Ferris but all numbers were disconnected. She contacted Société Générale and spoke to a member of their investigation team who advised that Ferris had not worked at the company for years. The team member also advised that Ferris had been the victim of identity theft, which was later confirmed by police.
9
Ms Parker and Mr Molco reported the matter to police who executed a warrant at the Westpac Bank and obtained details of the account ending 9003 into which
Ms Parker had deposited the money. Investigations revealed the account holder to be you.
10The account had been opened by you on 21 March 2022, two days prior to Ferris directing Ms Parker to transfer the money. Having received the money into account ending 9003, on 2 May 2022 you transferred the $200,000 into your savings account. Between July and August 2022, you withdrew $50,000 in cash from the $200,000 total which you hid in your garage.
11At no stage did you inform the bank that $200,000 had been wrongly deposited into your account.
12On 28 December 2022 you attended Broadmeadows police station upon request. You asked if it was regarding the $200,000 that was deposited into your account.
13You were interviewed by police and stated that:
(a) you had received the $200,000, cashed out $50,000 and stored it in your garage;
(b) you did not think much of it. 'I just left it, see what would happen, see if anyone would contact me, or, like, bank wise, and stuff like that. I've got no phone calls';
(c) you had a phone conversation with a man from Sydney and later an unknown person about cryptocurrency, but you did not know where the money had come from; and
(d) You had no intention of spending the money and were waiting until someone came and said something.
14You signed a notice of abandonment of the $50,000 cash which was returned to Ms Parker by police and you transferred the remaining $150,000 into Ms Parker's bank account.
15There is no allegation that you knew anyone by the name of Andrew Ferris or that you knew who deposited the money into your account.
Offence gravity
16This was serious offending. The quantum was substantial and you delt with the money for some nine months, a significant period of time during which the victim was deprived of the funds.
17I note however, that you were cooperative with police and have made full restitution.
Plea of guilty
18The parties agree that your plea of guilty was entered at the earliest opportunity. This has significant utilitarian benefit. You have saved the court and the community the time and expense of running a trial and spared the victim the ordeal of giving evidence. In those circumstances, you have facilitated the administration of justice and you are entitled to a benefit for that.
19I accept that your plea is also indicative of remorse, further evidenced by the letter of apology to your victims provided to the court. I take this into account.
Victim Impact
20I received and had read aloud a Victim Impact Statement by Ms Vicki Parker. She detailed how her investment of $200,000 was intended to set her and her family up for the future as best she could. Instead it was taken and deposited into your account by persons unknown, where you dealt with it.
21As Mr Parker wrote, 'my security was gone, my self-esteem was gone, I felt like we had lost everything'.
22While she has now received the money back in full, the ongoing impact of your offending cannot be underestimated.
Personal circumstances
23I turn now to your personal circumstances.
24You are 36 years of age, having been born in January 1989. You were 33 at the time of the offending. You were born in Melbourne to Lebanese parents, Randa and Mohamed, and have three siblings.
25You were in a relationship with Ali Said from 2009 to 2016 and are now the sole carer of your three children, aged 12, 11 and eight.
26You are currently unemployed but have Certificate 2 qualifications in both real estate and commercial cookery.
27You are the carer for your elderly grandparents and receive a fortnightly combined 'carers' and 'single parenting' payment of $1,800 per fortnight.
28I received two character references from Ms Nada Farha and Mr Ali Ismail. Both attest to your being a dedicated and caring mother and both mention your remorse and commitment to rebuilding your life after your offending.
Sentencing principles and considerations
29General deterrence, denunciation and just punishment all have a role to play in the sentencing exercise. The sentence I impose must make it clear to those minded to deal with the proceeds of crime that such behaviour will result in criminal punishment.
30While you have no prior convictions, I must also make it clear to you that you cannot act in this way. Offending such as this will not be tolerated by the courts or the community.
31I consider that your prospects of rehabilitation are good given your absence of prior and subsequent court appearances. Similarly, given your full restitution of the money dealt with, I consider that community protection has a limited role to play in the sentence I impose.
32Your counsel, Mr Fida, submitted that I should impose a community corrections order in all the circumstances of your case, primarily because of your lack of prior convictions and your full restitution of the funds dealt with.
33Mr Roper, for the prosecution, also submitted that a community corrections order would be within the available range of sentences for this offending, albeit an order with conviction and for a lengthy period.
34Mr Fida did not argue against a conviction.
35I had you assessed for a community correction order. The assessment found you to be a low risk of general re-offending and noted your remorse. A Mental Health Advice and Response Service (MAHRS) report found you to have a mild-moderate mental health difficulty and encouraged you to investigate psychological services available to you.
36Giving weight to the principle of parsimony, I consider that all sentencing purposes can be adequately met by the imposition of a community correction order.
Disposition
37Ms Ahmed, would you please stand.
38
On Charge 1, negligently deal with the proceeds of crime, you are sentenced, with conviction, to be released on a community correction order for a period of
18 months.
39You are to comply with the core conditions of that order, being that:
· You must not commit another offence punishable by imprisonment during the period of the order.
· You must comply with any obligation or requirement prescribed by the regulations.
· You must report to, or receive visits from, the Secretary during the period of the order.
· You must report to Melbourne Community Corrections Centre within two working days from today.
· You must notify the Secretary of any change of address or employment within two clear working days after the change.
· You must not leave Victoria except with the permission of the Secretary.
· You must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure that you comply with the order.
40In addition, you are to comply with the following special conditions:
(a) You are to perform 150 hours of unpaid community work.
(b) You are to undergo assessment and treatment for your mental health.
(c) 50 of the treatment hours may be credited towards your community work.
41Do you consent to that order being made?
42OFFENDER: Yes, Your Honour.
43HER HONOUR: Pursuant to s6AAA of the Sentencing Act 1991, I declare that had you not pleaded guilty, the sentence I would have imposed would have been 18 months' imprisonment with a non-parole period of 12 months.
44Would you please sign the community corrections order? You can assist, Mr Fida. You may be seated, Ms Ahmed.
45Thank you, is there anything further, Mr Roper?
46MR ROPER: No, Your Honour.
47HER HONOUR: Mr Fida?
48MR FIDA: No, Your Honour.
49HER HONOUR: Ms Ahmed, you will get a copy of that order when I leave the Bench. Thank you, we will adjourn.
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