| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2023 0099 |
| ERDEN HASSAN | Applicant |
| v | |
| THE KING | Respondent |
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| JUDGES: | MACAULAY and KAYE JJA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 11 September 2024 |
| DATE OF JUDGMENT: | 19 September 2024 |
| MEDIUM NEUTRAL CITATION: | [2024] VSCA 212 |
| JUDGMENT APPEALED FROM: | DPP v Hassan [2023] VCC 632 (Judge McInerney) |
CRIMINAL LAW – Appeal – Sentence – Applicant convicted of 6 charges of obtaining financial advantage by deception – Total effective sentence of 2 years and 11 months’ imprisonment with non-parole period of 20 months – Applicant property developer – Contracts of sale of properties to purchasers – Applicant inserted false name of real estate agents in order to deceive a bank and assist purchasers to obtain mortgage loans – Whether judge erred in finding that purchasers were financially vulnerable – Whether judge erred in finding applicant motivated by greed – Whether sentence manifestly excessive – Application for leave refused.
Clarkson v The Queen (2011) 32 VR 361; Farrugia v The Queen (2011) 32 VR 140, referred to.
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| Counsel | |||
| Applicant: | Mr G Traczyk | ||
| Respondent: | Ms J Warren | ||
Solicitors | |||
| Applicant: | Portfolio Law Pty Ltd | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
MACAULAY JA
KAYE JA:
The applicant was charged on an indictment with ten charges of obtaining a financial advantage by deception. On 3 March 2023, following a trial in the County Court of 16 days, the jury convicted the applicant of six of those charges (charges 4, 5, 6, 8, 9 and 10), and acquitted him on the remaining four charges.
Following a plea made on his behalf, the applicant was sentenced, on 10 May 2023, as follows:
| Charge | Offence | Maximum | Sentence | Cumulation |
| Indictment H12187140 | ||||
| 4 | Obtain financial advantage by deception (contrary to s 82(1) of the Crimes Act 1958) | 20 years’ imprisonment (s. 6I of the 1991) | 2 years’ imprisonment | 1 month |
| 5 | Obtain financial advantage by deception (contrary to s 82(1) of the Crimes Act 1958) | 20 years’ imprisonment (s. 6I of the Sentencing Act 1991) | 2 years’ imprisonment | 1 month |
| 6 | Obtain financial advantage by deception (contrary to s 82(1) of the Crimes Act 1958) | 20 years’ imprisonment (s. 6I of the Sentencing Act 1991) | 2 years’ imprisonment | 1 month |
| 8 | Obtain financial advantage by deception (contrary to s 82(1) of the Crimes Act 1958) | 20 years’ imprisonment (s. 6I of the Sentencing Act 1991) | 27 months’ imprisonment | 1 month |
| 9 | Obtain financial advantage by deception (contrary to s 82(1) of the Crimes Act 1958) | 20 years’ imprisonment (s. 6I of the Sentencing Act 1991) | 27 months’ imprisonment | 1 month |
| 10 | Obtain financial advantage by deception (contrary to s 82(1) of the Crimes Act 1958) | 20 years’ imprisonment (s. 6I of the Sentencing Act 1991) | 30 months’ imprisonment | Base |
| Total EffectiveSentence: | 2 years 11 months' imprisonment | |||
| Non-Parole Period: | 20 months | |||
| Pre-Sentence Detention declaration pursuant to s 18(1) of the Sentencing Act 1991: | ||||
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- Erden Hassan v The King [2024] VSCA 212
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- [2024] VSCA 212
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