SUPREME COURT OF VICTORIA
COURT OF APPEAL
| Redacted version |
S APCR 2017 0232
| SAFI HAAMID (a pseudonym)[1] | Applicant |
| v | |
| THE QUEEN | Respondent |
[1]This judgment has been anonymised by the adoption of a pseudonym in place of the name of the applicant.
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| JUDGES: | KYROU, NIALL and WEINBERG JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 16 November 2018 |
| DATE OF JUDGMENT: | 7 December 2018 |
| MEDIUM NEUTRAL CITATION: | [2018] VSCA 330 |
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CRIMINAL LAW – Appeal – Sentence – 5 years’ imprisonment for conspiracy to defraud – Sophisticated system for defrauding financial institutions over period exceeding 3 years – Guilty plea – Cooperation with authorities regarding other participants in fraud – Letter of assistance – Whether cooperation ‘at the highest level’ – Whether judge gave sufficient discount for cooperation – Whether sentence manifestly excessive – Appeal dismissed.
CRIMINAL LAW – Appeal – Sentence – Oblique references to applicant’s cooperation with authorities in sentencing remarks – Problems with sentencing remarks in this form – Desirability of separate confidential and public versions of sentencing remarks, the former fully explaining how cooperation informed exercise of sentencing discretion.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr P Tehan QC with Ms A C Sharpley | Fayman Lawyers |
| For the Respondent | Mr R T Barry | Ms A Pavleka, Solicitor for Public Prosecutions (Cth) |
KYROU JA
NIALL JA
WEINBERG JA:
Introduction and summary
This is a redacted version of the restricted reasons for judgment we have delivered in relation to the applicant’s application for leave to appeal against his sentence. The restricted version is not suitable for publication because it sets out in detail the circumstances of the offending and the applicant’s personal circumstances, the assistance that he has provided to the authorities and his concerns for his safety and that of his family due to the provision of that assistance. This redacted version provides only such details as are necessary to provide context to the offending, our reasons for finding that the opaque reference to the applicant’s assistance to the authorities in the judge’s sentencing remarks was inappropriate, and our reasons for granting the application for leave to appeal but dismissing the appeal.
The applicant pleaded guilty to one charge of conspiracy to defraud and was sentenced as set out in the following table:
Charge Offence Maximum Sentence 1 Conspiracy to defraud [Common law] 15 years
[Crimes Act 1958 s 320]5 years
Non-Parole Period: 3 years, 3 months Pre-Sentence Detention Declaration: 61 days 6AAA Statement: 7 years with a non-parole period of 4 years, 6 months
The fraud the subject of the charge involved a sophisticated system for defrauding financial institutions for a period exceeding three years.
After he was charged, the applicant made statements to authorities, which provided details of other participants in the fraud, and undertook to give evidence against them. The applicant was provided with a ‘letter of assistance’ in respect of his cooperation.
The applicant seeks leave to appeal against sentence on the ground that the sentence is manifestly excessive and on…
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- AGLC
- Haamid v The Queen [2018] VSCA 330
- Case
- [2018] VSCA 330
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether Haamid's cooperation with authorities was at the highest level, and if so, whether the judge had sufficiently discounted the sentence for this cooperation. Additionally, the court considered whether the sentence was manifestly excessive. The court was also tasked with examining the form of the sentencing remarks, which made oblique references to Haamid's cooperation with authorities, and whether this was problematic. The court also considered the desirability of having separate confidential and public versions of sentencing remarks, with the confidential version fully explaining how cooperation informed the exercise of sentencing discretion.
The High Court found that Haamid's cooperation was substantial but not at the highest level, and while the judge had considered the cooperation, the sentence was not manifestly excessive. The court acknowledged the problems with the form of the sentencing remarks but did not find them to be so significant as to warrant a new sentencing hearing. The court suggested that having separate confidential and public versions of sentencing remarks could be beneficial in future cases, ensuring that the full extent of cooperation is transparently communicated in the confidential version. The appeal was dismissed, and the original sentence was upheld.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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