Director of Public Prosecutions v Lim, Julie
[2013] VCC 266
•27 February 2013
| IN THE COUNTY COURT OF VICTORIA | Revised (Not) Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-12-01739
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JULIE LIM |
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JUDGE: | HIS HONOUR JUDGE PARSONS | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 22, 28 and 29 November 2012 | |
DATE OF SENTENCE: | 27 February 2013 | |
CASE MAY BE CITED AS: | DPP v Lim, Julie | |
MEDIUM NEUTRAL CITATION: | [2013] VCC 266 | |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr Peter Pickering | OPP |
| For the Accused | Ms C. Traill | C. D. Traill Lawyers |
HIS HONOUR:
1 Kenny Tai Wei Lim, Sock Hoon Lim and yourself, each pleaded guilty to one charge of conspiracy to defraud between 31 December 2010 and 11 January 2012. I have already sentenced the other two.
2 Your sentence was deferred because of an apparent inconsistency between documents tendered on your behalf at the sentence hearing.
3 Ms Wendy Northey, psychologist, produced a report which I marked as Exhibit 1 and Mr Greg Milton, Acting Assistant Manager, Community Status Resolution Service, Status Resolution Branch, Victoria, Department of Immigration and Citizenship, also tendered a report and gave evidence.
4 In his report he referred to the fact that there would be a "very high risk of her self-harming in gaol." He said that a custodial sentence "in this instance, such a course of action would pose serious risks to this young woman."
5 Accordingly, I sought a Forensicare report to resolve the question of your psychiatric/psychological status and adjourned the sentence pending receipt of that report.
6 I will return to the matter of Mr Milton in due course.
7 The background of the matter was set out in the Summary of Prosecution Opening, which is an exhibit. There has been some further debate with respect to the opening and it was amended orally on 26 February 2013 and those matters are adequately and appropriately set out in the transcript. Generally, matters clarified related to the cash referred to in paragraphs 30 to 31 and also the conversations between yourself and the head of the syndicate referred to in paragraph 19.
8 Finally, the matter of Mr Milton's evidence was clarified as to what was to be before me as evidence on behalf of you for the purposes of the plea. This is now reduced to a very modest amount compared to what was initially before me and relied upon with respect to his testimony on oath and the contents of Exhibit 2.
9 In broad compass, in September 2008 the Victorian and Australian Federal Police commenced an operation into a syndicate involved in the importation, embossing and use of counterfeit credit cards and the recruiting of Malaysian nationals with respect to those matters. Blank magnetic strip cards bearing images similar to genuine banks and other financial institutions were imported into Sydney or Melbourne from Malaysia. Blank cards were then embossed with stolen overseas credit card information, obtained or purchased from internet sites with losses incurred by both Australian and overseas financial institutions. To aid the use of counterfeit cards the syndicate would also manufacture false Medicare cards and Victorian and New South Wales driver's licences.
10 Syndicate members were divided into a hierarchy involving four categories and those matters are explained in paragraph 4. The syndicate recruited Malaysian nationals in Australia as shoppers. The shoppers were paid ten to 12 per cent commission on average on the face value of the goods purchased for their role in the syndicate. Each shopper was supplied with false identification.
11 In order to effect a fraud the person who was the head of the particular group and who co-ordinated the use of the cards and distributed the goods which were fraudulently obtained, would contact a driver with a list of specific purchases and also provided the counterfeit credit cards. The cards and the identification were often left at post offices or using aliases to distance the person who was known as the controller from the driver and the shoppers. The driver would take the shoppers to and from the stores providing the shopper with a list, as I say, of the purchases.
12 With respect to the roles of the three persons I named, Mr Kenny Tai Wei Lim was put forward by the prosecution as a controller and shopper for the syndicate. Sock Hoon Lim, also known as Channel Lim, was a shopper for the syndicate and you, Julie Wei Tai Lim, were described as a controller and shopper for the syndicate in that you both used the false credit cards and you made purchases with the gift cards, but you also liaised with the syndicate head at various times.
13 With respect to this your counsel took some exception to that characterisation of you as being on the same level as Kenny Lim. It seems to me that concession was implicit in the description of your role, that in fact you were slightly down the ladder from Kenny Lim, and indeed that is the basis on which I proceed.
14 I also note there was a co-accused, Sasoon Yong Lim, a driver and shopper, who was sentenced in the Melbourne Magistrates' Court on 23 August 2012. He was sentenced with respect to his involvement in this matter to 192 days' imprisonment, which was then time served and he was immediately deported.
15 With respect to your movements in Australia. Of course your history in Australia is somewhat complicated. Initially in Exhibit 2, the document prepared by Mr Milton and in respect of which he also gave sworn evidence, there were matters set out with respect to your status and your movements. Ultimately, as I say, I have not relied upon anything Mr Milton has said in sworn evidence, nor in his exhibit, save the matters ultimately identified by your counsel. I should say I offered your counsel the opportunity to further call Mr Milton but in the circumstances that was declined.
16 I understand you arrived in Australia on 19 November 2004 on a three month visa and you became an unlawful non-citizen on 19 February 2005 and you were deported on 27 January 2011. On 8 April 2011 you returned on a short-stay visa using a different name and a Malaysian passport. You had changed your name after you left Australia, however that leaving is characterised, whether it be deportation or voluntary or otherwise, and you had failed to advise Australian immigration officials of the fact that you had changed your name.
17 You had been in a relationship with a controller of the syndicate by a person by the name of Mr Chi Huong Khor, who has since been deported, and he was not charged.
18 Following Mr Khor’s detention at Maribyrnong Immigration Detention Centre on 9 December 2011, evidence was obtained from a search of your premises in Glen Waverley that indicated your involvement in the finance of the syndicate. There was also evidence of telephone conversations which showed you to be in direct contact with a Mr Le who was the head of the syndicate.
19 With respect to your involvement in the shopping aspects, you have been identified in incidents which involved the purchase of Coles gift cards using counterfeit credit cards or the redemption of Coles gift cards, as described in Schedule C, between 15 May 2011 and 21 December 2011, a period of approximately eight months. Analysis of the credit card numbers used by you indicated that 65 different credit cards were used to make purchases and these credit card details were from countries including the United Arab Emirates, Korea, Germany, Albania, the United States of America, Yugoslavia and France. The total loss for all the transactions in which you were involved is approximately $95,000 and you were involved in 46 separate shopping trips.
20 Between May 2010 and 29 December 2011 you received deposits into your account of $65,000 and between 23 May 2011 and 25 January 2012 you received deposits into your account of $22,000. Between 17 May 2011 and 10 January 2012 you transferred funds to Malaysia in the sum of $117,634. On 18 January 2012, when you were arrested, you made no comment.
21 No Victim Impact Statements have been tendered in the matter and I do not know whether any of the victims were afforded the opportunity of preparing them, but clearly with respect to the compensation orders it is apparent some of your victims have sought financial reparations and no doubt suffered financially.
22 As was pointed out by your counsel, there are a number of mitigating factors. You have pleaded guilty. You are entitled to have that fact taken into account in your favour, and I do so. The community has by your plea been spared the time and cost of a trial. Witnesses have been spared the ordeal of giving evidence upon your trial and I can tell you the sentence I intend to impose is far less than would have been imposed had you been found guilty after a trial. I take into account the circumstances of your plea of guilty, the timing of it, and the admissions ultimately made by you with respect to your partner in the crimes and I accept that you have indicated remorse for your actions.
23 With regard to your personal circumstances I have had regard to the lengthy report prepared by Ms Northey, who is a consultant forensic psychologist.
24 You are aged 29 and were born in Penang. Your father worked as a fisherman until a hand injury forced his early retirement and he then worked as a casual construction worker. Your mother is 56 and you described your parents as being not wealthy but not poor. You are the third eldest of four siblings. The report further sets out you have one sister who previously appeared before the court in Melbourne, apparently in April 2012, on a similar charge as a shopper but she has since returned home to Penang.
25 You have previously married in 2004 but subsequently divorced.
26 The circumstances of your arrival in Australia, your marriage, the return to Malaysia before falling in with another co-accused, are all set out in Exhibit 1, the report of Ms Northey.
27 You went to primary school in Penang. You attended secondary school there for six years, graduating with a high school certificate. You then worked as a secretary in a furniture factory prior to travelling to Australia in 2004 with your husband. When you were working there your husband's father became ill and your husband returned to Malaysia, promising to return to Australia to you but of course ultimately he failed to do so and you in due course were divorced.
28 You left Australia and returned to Malaysia in 2011. You then returned to Australia under a different name and with a different passport. You became involved with another person who was involved in the fraudulent process at a level higher than you and he is the Mr Khor to whom I have previous referred.
29 With respect to your current psychological status, it was the view of Ms Northey, and her view which she sets out in paragraph 5 of the report: "So in terms of motivation to offend, Ms Lim would have been seeking both financial benefit and emotional security."
30 I also note in paragraph 26 Ms Northey's opinion that: "At the same time there was a pragmatism to her offending behaviour that is somewhat perplexing."
31 As I say, in view of the apparent disparity between the views of Mr Milton, whom I inferred at the time had been representing the views of the Australian Government Department of Immigration & Citizenship when he gave his evidence, and the difference between his views and those contained in the psychological report prepared on your behalf, I obtained a Forensicare report, and I think it appropriate to read from that at the moment. I notice that was prepared on 17 December.
32 Under the heading "Psychiatric History" the following is noted: "Ms Lim reported feeling depressed for several months after her first boyfriend returned to Malaysia and then requested a divorce. Ms Lim also said that following her arrest which coincided with her second partner being deported to Malaysia" (that is Mr Khor) "she experienced a recurrence of depression which she described as much worse. She reported being prescribed antidepressant medication and another medication to assist with sleeping. Ms Lim reported that upon her reception to the prison her medications were ceased but that she had since been recommended Pristiq, an antidepressant. Ms Lim denied ever attempting to harm or kill herself. She reported having had thoughts of suicide during her current incarceration. She said 'If I die it's okay, if not they will lock me up', indicating that she had weighed the pros and cons of attempting to kill herself. Along these lines Ms Lim said 'I want to stop my life but also scared and need a bit heart to do it. I can't stand by life if it is like this.' Ms Lim also asked 'If I try to kill self will judge send me back home?' "
33 It was the author of the report's review that you were in the low risk category of future general offending as compared to other female prisoners.
34 It was also noteworthy that notwithstanding a Mandarin interpreter was not arranged for his assessment with you, it was apparently carried out quite successfully by him over the two hours of the interview, sufficient to compile a six-page report.
35 It was his opinion that you met the diagnostic and statistical manual criteria for adjustment disorder, which describes the experience of anxiety, depressive and traumatic stress syndrome in response to an identifiable stressor. It was his view that you were not experiencing a mental illness at the time of your offending.
36 It was further his view that your immaturity and naivety, emotional vulnerability, cultural and social isolation, lack of support and limited English, suggest that relative to other prisoners your adjustment to prison life will remain poor. He said, "Along these lines Ms Lim has considered suicide both as a means to escape her current situation and possibly to attain leniency."
37 Clearly the authorities need to be alert to this matter and I ask the prosecution and the prison authorities to take the report of the Forensicare psychologist to the authorities responsible for your care so that appropriate steps can be taken in your situation. Also, I think it appropriate for the authorities to be provided with the report of Ms Northey - Exhibit 1.
38 I am, on balance, satisfied the chances of your rehabilitation depend entirely on your ability to return to Malaysia once you have served your period of imprisonment and lead an honest life.
39 With respect to parity of sentence, I have been told, as I say, of the offence of one co-offender and I have now sentenced a number of others and it is agreed in the hierarchy you fit below Mr Kenny Lim and Mr Le Lim, both of whom I have sentenced.
40 Of course as well as those matters personal to you which I have referred, including the question of rehabilitation, I must take into account such matters as deterrence, and especially general deterrence, which I find to be of considerable importance in a case such as this, involving, as it does, a highly sophisticated fraud practised by an organised team of people on a broad range of businesses. The fraud in which you involved yourself was an international one and you each played a very necessary role. You persisted in your fraud over a lengthy period. You undertook regular activities with respect to a great number of shopping visits, transferred or assisted in the transfer of very significant sums of money and were in contact with the head of the syndicate overseas. The fact that you participated in the systemised fraud for a very long time is something which calls for a very significant period of imprisonment. People such as yourself who take part in frauds of these dimensions will inevitably go to gaol for a significant period of time.
41 Of course I am obliged to take into account the fact that some time has passed since you were charged in this matter and I have no doubt the anxiety attendant on the passing of that time until today has weighed heavily with you, and you receive sentencing consideration for that. In the circumstances you seem to have taken modest steps whilst in prison with respect to your rehabilitation.
42 I do note that in your case you actively assisted in the prosecution of a corrupt police officer who took $10,000 from your bag, and of course that reflects well on your character and your resolve given your concerns as to what may happen to you because of your actions. It was apparently your belief that in assisting the prosecution things may have worked out negatively for you in this prosecution, as apparently you were concerned may have happened given your past experience of matters in other countries.
43 Finally, you are, as I say, very isolated here and you will find your time in gaol very much more burdensome than otherwise would be the case and you will get credit for that as well.
44 I also note the various forfeiture and compensation orders that have not been opposed by counsel on your behalf.
45 This is, without doubt, a serious offence and in all the circumstances I have no alternative but to the imposition of a custodial sentence.
46 If you would stand please.
47 You, Julie Wei Tai Lim, are convicted and sentenced as follows: on Count 1, two years and nine months' imprisonment. That results in an effective sentence of two years and nine months. I direct that you serve a minimum term of 21 months before becoming eligible for parole.
48 As prescribed by s.18(2) of the Sentencing Act I declare that the period of time you have already spent in custody is 99 days.
49 With respect to the provisions of s.6AAA, had you not pleaded guilty I would have ordered a total effective sentence of a further 12 months with respect to your charge.
(Prisoner removed.)
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