Director of Public Prosecutions v Rayala

[2022] VCC 1676

IN THE COUNTY COURT OF VICTORIA

AT Melbourne

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

CR-21-01036
CR 22-00283

DIRECTOR OF PUBLIC PROSECUTIONS

v

RAMU RAYALA

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JUDGE:	HIS HONOUR JUDGE CHETTLE
WHERE HELD:	Melbourne
DATE OF HEARING:	21 September 2022
DATE OF SENTENCE:	29 September 2022
CASE MAY BE CITED AS:	DPP v Rayala
MEDIUM NEUTRAL CITATION:	[2022] VCC 1676

REASONS FOR SENTENCE
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Subject:

Catchwords:              

Legislation Cited:      

Cases Cited:

Sentence:  Imprisonment. Total effective sentence, 2 years, and 2 months. Non-parole period 2 years.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms O. Ventura	Office of Public Prosecutions
For the Accused	Mr S. Andrianakis

HIS HONOUR:

1Ramu Rayala, you have pleaded guilty to two indictments.  The first relates to a charge of recklessly dealing with the proceeds of crime and a second charge of possession of identification information.  Both those charges are rolled up charges, covering repeated offending between January 2020 and April 2020.

2The second indictment contains a charge of theft and a charge of producing false and misleading travel documents and relates to you attempting to leave Australia in November 2021, using a stolen passport and a false COVID-19 certificate.

3You also pleaded guilty to three related summary offences.  One of committing an offence, an indictable offence on bail, two, breaching bail conditions on two occasions.  The facts of your offending are set out in Exhibit A and Exhibit G.  The prosecution openings for both indictments.

4I was informed by your counsel that I could treat both of those documents as agreed statements of fact.  I incorporate both of them into these reasons for sentence and sentence you on the basis of the facts set out therein.

5Very briefly stated, in early 2020 you were part of a group of criminals, targeting and scamming older Australians.  The victims would be telephoned by someone purporting to be from organisations such as Telstra, NBN, NCA or one of the big banks.  By a sophisticated pretence the victims were persuaded to provide access to their computers and bank accounts.  They were induced to pay monies to accounts controlled by the confident tricksters.  The money paid into these accounts was then quickly transferred to accounts overseas.

6You are an Indian citizen.  You are in this country on a student visa, and you had regular contact with a co-offender Pavahn Fatapali.  Fatapali's role was to open bank accounts employed in the scam and to transfer the funds obtained to India.  As part of your criminal agreement, Fatapali provided you with details of bank accounts to be employed to defraud victims.  Those details were then used.  The various victims were fraudulently induced to pay money into these accounts.  You monitored the payment of fraudulently obtain funds into the scammers accounts and directed the rapid transfer of funds obtained to overseas accounts.  A total of $105,527.48 was recklessly dealt with by you in this manner.

7

The prosecution opening, Exhibit A, details how various victims were defrauded and your involvement in those transactions.  The dates of each transaction covered by Charge 1, the names of the victims and the amounts obtained from each victim are set out in Schedule A to the first indictment.  In addition, to the list of funds actually obtained, there were occasions where transfers of funds were stopped by the bank before the funds reached the scammer's accounts.  For example, $25,000 from Sophie Matrakis, M-a-t-r-a-k-i-s and $19,800 from

Priscilla Madic

, M-a-d-i-c, was stopped before the funds were obtained.

8You were acutely aware of the need to quickly distribute funds obtained in order to seek to avoid banks stopping the criminal transactions.  You directed Fatapali to transfer his funds, 'fast'.  You also directed Fatapali to deposit five payments totalling $9,458 into your bank account in India. 

9During the period of this offending, you provided Fatapali with identification details to be used to open bank accounts to continue the scamming operation.  This identification information included passport details, names and addresses, mobile phone details, email addresses, licence details and dates of birth.  The details of these documents are set out in Schedule B to the first indictment and are the basis of Charge 2 on that indictment.

10On 1 May of 2020, Fatapali was arrested, and his phone seized.  You then became a person of interest.  You were arrested on 5 June 2020, by appointment, you were interviewed, but denied knowledge of any fraudulent activity.  You downplayed your involvement and lied to the police.  You had deleted your phone messages with Fatapali from your phone prior to the interview.

11After your arrest you were charged.  When committed to the County Court you were bailed.  That bail condition included that you do not attend international points of departure, you don't leave Australia and you do not leave Victoria.

12In November 2021, you stole the passport of a friend, Yaswith Apeleeni, you attended Sydney International Airport on 28 November 2021 and sought to leave Australia for India.  You handed the stolen passport to Border Force staff together with a forged COVID-19 certificate in the name of Apeleeni.  Border Force had been informed by police that you were going to attempt to flee using Apeleeni's passport and you were arrested.

13

You have been in custody since your extradition from Sydney to Melbourne on

29 November 2021.  A number of victim impact statements were tendered by the prosecution, and they're Exhibits C-F.  Mr Peter Luff and his wife had just become pensioners.  Your offending caused them stress, his wife becomes anxious and depressed.  He feels insecure and is reluctant to answer a telephone.

14Karen Saunders feels vulnerable and questions her judgement.  She wants you to know the impact of your reprehensible and inexcusable behaviour.  She feels extreme anxiety and incompetent.  She suffers sleepless nights as a result.  She had retired in 2016, because of an illness, but she had to return to work as a consequence of your crimes.  She has difficulty trusting people and feels embarrassed and inadequate.

15Mr Keith O'Dearn had just come out of hospital, and he was unable to purchase medications he needed because his money had been stolen.  He had to take out a $10,000 personal loan.  He wakes at night worrying about how he would meet his financial commitments.  He is emotional, anxious, and depressed and he says, 'At the time I was recently widowed and with the loss of my wife, the scam made the time very difficult.'

16Mr Barry Maloney says he has lost financially and feels mentally and emotionally gutted.  He is anxious, he has anxiety attacks and doesn't sleep well.  He is embarrassed at being conned.  And I take the victim impact materials into account in sentencing you.

17

Your co-accused Pavahn Fatapali was sentenced in this court by

Judge Wischusen

on 20 August 2021.  His Honour's sentencing remarks are Exhibit H on your plea.  Fatapali pleaded guilty to one charge of recklessly dealing with the proceeds of crime, one charge of attempting to recklessly deal with the proceeds of crime, one charge of possession of identification information, one charge of knowingly deal with the proceeds of crime and one charge of attempt to obtain financial advantage by deception.  He also pleaded to four summary charges of making a false report to police, breaching a condition of bail, and two charges of committing indictable offence on bail.

18He was sentenced as follows.  On Charge 1, recklessly dealing with the proceeds of crime, he was sentenced to two years' imprisonment.

19On Charge 2, attempting to recklessly deal with the proceeds of crime, he was sentenced to three months' imprisonment.

20On Charge 3, possession of identification information he was sentenced to three months' imprisonment.

21On Charge 4, dealing with proceeds of crime, he was sentenced to a year of imprisonment.

22On Charge 5, attempting to obtain financial advantage by deception, he was sentenced to three months.

23On the summary charges, he was convicted and discharged in respect of the first and in relation to breaching bail conditions he was sentenced to a term of imprisonment of two months.

24Finally, on the summary charge of committing Charge 4, whilst he was on bail, he was sentenced to a term of imprisonment of one month.

25

There was a second charge of committing an offence on bail, where he received a month as well.  In any event his total effective sentence was two years and

six months and it was ordered that he serve 18 months before he is eligible for parole.

26His Honour declared that but for his pleas of guilty he would have been sentenced to a term of imprisonment of four years and six months with a non-parole period of three years.

27I have had regard to the sentences imposed on Fatapali and determining the appropriate sentences for you.  However, as I discussed with your counsel upon your plea, I do not accept that Fatapali's sentence should fix your sentence.  There is in my mind, significant differences in the position and role of each of you.

28Fatapali was sentenced on the basis that he had no knowledge of the working of the scam itself and against whom the deceptions were perpetrated.  He was sentenced on the basis that his involvement in the movement of funds was at your direction and that he was being closely controlled by you.

29He had been diagnosed with a pathological gaming disorder, which together with other issues, impaired his decision making in taking the steps he did to recover his losses by engaging in the offending involving you all.

30I take into account the fact that he was induced - he was involved in the reckless dealing that is of $240,000 significantly more than the amount you are involved in.  He, however, did not face the second indictment that you do.  However, as I said, I do take Judge Wischusen's sentence for the similar charges you and Fatapali face into account in sentencing you.

31Your personal history is set out in the submissions of your counsel, Exhibit 1.  You are I think 30 years old today, being born in India in September 1992.  Your family were farmers.  You completed secondary school before completing a Bachelor of Technology in mechanical engineering in India.  In 2017, you came to Australia to undertake a Masters in Computer Networking, rather ironically it seems to me, at Charles Sturt University in Melbourne.  Your mother died after you arrived here.  You briefly returned to India as a result.  You have found work here in Australia delivering pizzas or working as a delivery driver for Toll or a delivery driver for Uber and Menulog.

32

You completed your studies in 2020 and your student visa status changed so that you could work full-time.  You then worked for toll for a year and then with

Star Trek.  You have a 28-year-old fiancée in India, and she works for a software company.  You did have plans to seek permanent residence in Australia, although it seems certain that your offending will see you deported.

33Your father suffered a heart attack and stroke in March last year and continues to be in poor health.  Your time in custody has been and will continue to be more onerous to you, because of your concerns for your father's welfare.  Similarly,  you are and will remain, isolated in custody because all your family and friends and fiancée are located in India.  I understand you are, however, able to have video phone calls with your family and fiancée.

34I take into account in sentencing you, firstly your pleas of guilty.  Your pleas of guilty were entered at an early stage.  You have spared the community the time and expense of a criminal trial and the witnesses the trauma of giving evidence at that trial.

35The value of your pleas of guilty has increased utilitarian value because of the effect that COVID-19 has had upon our justice system.  It has been severely affected by that pandemic, and your pleas of guilty are thus of increased value.

36Thirdly, your counsel submitted that your offending was less serious than that of Mr Fatapali, and that your sentence should be less than his.  As previously discussed, I do not accept this submission.  Like offenders should be treated in a like manner.  However, and you and Fatapali are not like offenders.  You had a more central role and face more indictable offences.  As I say, however, I do have regard to his sentences for offences which are similar to yours.

37Fourthly, your deportation, or the prospect of deportation, will make your time in custody more onerous for you.  The stress and anxiety involved in the uncertainty as to your future will weigh more heavily on you.

38Fifthly, and as I said previously, I take into account your isolation in custody and your limited family contact, and that fact will make your time in custody more onerous for you.

39COVID-19 has made time in custody more onerous for you and will continue to do so in the future.  Quarantine, lockdowns, limited contact with others and restrictions to courses and programs has made and will make custody more burdensome for prisoners and I take that into account in sentencing you.

40I have not given substantial considerations as to your prospects for rehabilitation.  You have done some courses whilst you were in custody.  You have no prior convictions and have a demonstrated work history.  You are clearly an intelligent man.  Were it not for the fact that you will be deported, I would regard your prospects for the future as good.

41Your offending was serious criminal conduct.  You were part of a sophisticated plan to defraud vulnerable people. You knew the way the banking industry worked and manipulated it, and those of - and you manipulated your victims.  Your counsel properly conceded that nothing other than a term of imprisonment is appropriate for your offending.

42Principles of general deterrence, just punishment and expression of denunciation are relevant sentencing factors in your case.

43The sentences of the court are:  On each of the charges you face you are convicted.  On Indictment 1 No.L11392886.  On Charge, 1 recklessly deal with the proceeds of crime you are sentenced to be in prison for two years.

44On Charge 2, possession of identification information, you are sentenced to be in prison for four months.

45On Indictment 2 No.M12469533.  On Charge 1, theft, you are sentenced to six months' imprisonment.

46On Charge 2, producing false and misleading travel documents you are sentenced to six months' imprisonment.

47On the related summary offences of committing indictable offences on bail, contravening bail conditions by leaving Victoria and contravene bail conditions by attending at Sydney airport, you are sentenced to an aggregate sentence of three months for all those offences.

48Having regard to principles of cumulation and the totality and having - and recognising that one of the offences that I am to sentence you is a Commonwealth offence, I order that two months of the sentence imposed on Charge 2 be served cumulatively upon the sentence imposed on Charge 1, which I declare to be the base sentence on Indictment 1, L11392886.  That is an effective term of imprisonment on that indictment of two years and two months.

49On the second indictment no. M12469533, I order that Charge 2 commence today.  I order that all of the sentence imposed on Charge 1 be served cumulatively to the sentence imposed on Indictment 1, L11392886.

50

Insofar as the related summary offences are concerned, I order that the aggregate sentence of three months be served cumulatively on the sentence imposed on Indictment L11392886.  That is an effective term of imprisonment of two years and 11 months on all charges.  I order that you serve two years of that sentence before being eligible for parole.  I declare that I think it's 243 days, I'll have people check that for me, 243 days has already been served by way of pre-sentence detention and I indicate that but for your pleas of guilty pursuant to s6AAA of the

Sentencing Act

, I would have imposed an effective term of imprisonment of

five and a half years with a non-parole period of three.

51Now, that works doesn't it I asked for submissions from everybody in relation to the Commonwealth offence, the only way I could see making the system work, was to have the Commonwealth sentence commence today and it's effectively concurrent with the other indictment, but I needed to recognise totality, hence why all of Charge 2 becomes - all of Charge 1 on the second indictment was to cumulatively.  Does that all work that sentence?

52MR ANDRIANAKIS: I think so Your Honour just on the PSD, as of today, or not including today it's 305 days.

53HIS HONOUR:  Well, where did I get 243 from?

54MR ANDRIANAKIS:  I'm not sure, Your Honour.

55HIS HONOUR:  Well, I don't know either.  Do you agree with that Ms Ventura?

56MS VENTURA:  Yes, Your Honour that matches with - - -

57HIS HONOUR:  So, I'll amend that, it's 305 days not including today, PSD.

58MR ANDRIANAKIS:  Yes.

59HIS HONOUR:  All right thank you.  Nothing else required?

60MS VENTURA:  The forfeiture order, Your Honour.

61HIS HONOUR:  All right, sorry, I missed that.

62ASSOCIATE:  Forfeiture order.

63HIS HONOUR:  All right, what am I forfeiting?

64ASSOCIATE:  I believe it's a - - -

65MS VENTURA:  Two mobile phones Your Honour.

66HIS HONOUR:  All right, I'll make the forfeiture order sought by the Crown.  Anything else Mr Andrianakis?

67MR ANDRIANAKIS:  No, I think that's - no, that's it Your Honour.

68HIS HONOUR:  All right I'll terminate.  Thank you for your assistance, I'll terminate the links.

69COUNSEL:  Your Honour please.

70HIS HONOUR:  Do you do that?

71ASSOCIATE:  Yes.

72HIS HONOUR:  All right, I'll leave the Bench.

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