DPP v Osmani (No 2)

In the Supreme Court of the Australian Capital Territory, the Director of Public Prosecutions brought a case against Albion Osmani, charging him with obtaining property by deception under section 326 of the Criminal Code 2002 (ACT). The court, presided over by Mossop J, heard the matter over two dates: 30 March 2023 and 26 May 2023, with the decision announced on the latter date. The primary legal issues before the court were the assessment of the objective seriousness of the offence, the subjective circumstances of the offender, and the appropriate sentence considering these factors.

The court determined that the offence, involving a scheme to purchase e-cigarettes with fake banknotes, was serious and premeditated, placing it in the mid-range of objective seriousness. The offender's role, although significant, was that of a subordinate who drove the getaway car. Despite his subordinate role in the actual commission of the offence, the court acknowledged the substantial value of the stolen property and the dishonesty involved. Regarding the offender's subjective circumstances, the court noted his lack of prior criminal history, his socially isolated state, and his family support, which provided a stable environment. However, the offender's request for an assessment for an Intensive Correction Order (ICO) was handled poorly by both the offender and his family, leading to the conclusion that an ICO was not a suitable option.

Considering the factors of general deterrence and the harm to the victim, the court imposed a sentence of 12 months imprisonment, suspended upon the offender entering into a good behaviour order for two years and completing 150 hours of community service within one year. The court emphasised the necessity of strict compliance with the conditions of the good behaviour order and the community service, warning of adverse consequences for any non-compliance.

The final orders of the court included the conviction of the offender on the charge of obtaining property by deception, with the sentence of 12 months imprisonment suspended, subject to the conditions of the good behaviour order and community service. The offender was also required to report to ACT Corrective Services by a specified date.