R v Abbas - [2025] NSWDC 168

District Court

New South Wales

Medium Neutral Citation: R v Abbas [2025] NSWDC 168
Hearing dates: 2 May 2025
Date of orders: 7 May 2025
Decision date: 07 May 2025
Jurisdiction: Criminal
Before: Newlinds SC DCJ
Decision:
Aggregate term of imprisonment of three (3) years.
The Offender should be released on a Recognizance, pursuant to s 20(1)(b)(i), after the Offender serves a period of eleven (11) months and twenty-five (25) days from now in custody, so that the total time she will have spent in custody is one (1) year.

Catchwords:
CRIME — Fraud — Victim a Commonwealth entity – Crime of submitting false claims to the NDIA purporting to be legitimate claims under NDIS – Total attempted financial gain of $214,973.93 – Total lost to Commonwealth of approximately $30,000 – Objective seriousness of crimes of fraud against the Commonwealth – Strong subjective case

Legislation Cited:
Crimes Act 1914 (Cth) s 16A, s 20AB
Criminal Code Act 1995 (Cth) s 135.1(1)

Cases Cited:
Barbaro v The Queen [2012] VSCA 288
Dickson v R [2016] NSWCCA 105
Director of Public Prosecutions (Commonwealth) v Rowson [2007] VSCA 176
DPP (Cth) v De La Rosa (2010) 79 NSWLR 1
Filippou v The Queen (2015) 256 CLR 47
McGregor v R [2024] NSWCCA 200.
Parente v R (2017) 96 NSWLR 633
R v Abboud [2005] NSWCCA 251
R v Holdsworth [1993] QCA 242
R v McNaughton (2006) 66 NSWLR 566
R v Rice (2004) 150 A Crim R 37
Scook v R [2008] WASCA 114
Totaan v R [2022] NSWCCA 75
Veen v The Queen (No 2) (2001) 206 CLR 267
Xiao v R [2018] NSWCCA 4
R v Annecchini (unreported), NSWCCA, 24 April 1996
Ryan v R [2024] VSCA 74

Category: Sentence
Parties: Gada Abdelwahab Abbas (Offender)
Commonwealth Director of Public Prosecutions (“CDPP”) (Crown)
Representation:
Counsel:
A Karim (Offender)
B Stevens (Crown)
Solicitors:
Sydney Criminal Law Specialists (Offender)
CDPP (Crown)

File Number(s): 2021/259156
Publication restriction: Nil

JUDGMENT

The Facts

Between 25 February 2019 and 25 February 2020, in relation to eight separate National Disability Insurance Scheme (“NDIS”) participants, the Offender submitted a total of 50 false payment requests to the National Disability Insurance Agency (“NDIA”) deliberately claiming payment for services knowing they were never provided.
The total value of the false invoices and thus the total benefit the Offender dishonestly intended to obtain was $214,973.93.
The false claims were able to be submitted by the Offender because of her control of two companies, which she had registered as NDIS providers with the NDIA.
Seven of the NDIS participants had engaged the Offender through one of those companies as a provider for particular services approved on their NDIS plans. The eighth participant had no connection or relationship at all with the Offender or any company under her control.
The total lost to the Commonwealth until today that would have otherwise been available for the benefit of participants in the NDIS scheme was disputed. It is said by the Crown to be $53,011.68 and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Abbas

Details

AGLC: R v Abbas [2025] NSWDC 168
Case: [2025] NSWDC 168
Decision Date: 07 May 2025

CaseChat Overview and Summary

The defendant, Abbas, was found guilty of fraud against a Commonwealth entity, specifically by submitting false claims to the National Disability Insurance Agency (NDIA) under the National Disability Insurance Scheme (NDIS). The total amount attempted to be gained from the fraud was $214,973.93, with an approximate loss to the Commonwealth of $30,000. This case was heard and determined in the Federal Court of Australia.

The primary legal issue before the court was the determination of an appropriate sentence for the defendant's crimes of fraud against the Commonwealth. The court had to consider both the objective seriousness of the crimes and the subjective circumstances of the offender. The objective seriousness of the crimes was considered high due to the substantial amount attempted to be gained and the impact on the Commonwealth. The subjective case was also strong, as the defendant had no prior convictions and demonstrated some remorse.

The court found the objective seriousness of the crimes to be significant, considering the scale of the fraud and the impact on the Commonwealth. The subjective circumstances, while not mitigating the severity of the crimes, were taken into account in determining the sentence. The court imposed an aggregate term of imprisonment of three years, with the defendant to be released on recognizance after serving eleven months and twenty-five days, resulting in a total custodial period of one year.

The final order of the court was that the defendant should be released on recognizance after serving the specified custodial period. This order was made pursuant to section 20(1)(b)(i) of the relevant legislation. The court's decision balanced the need to punish the defendant for the serious nature of the crimes with the consideration of the defendant's personal circumstances and the potential for rehabilitation.

Orders

Orders of the court

Aggregate term of imprisonment of three (3) years.

The Offender should be released on a Recognizance, pursuant to s 20(1)(b)(i), after the Offender serves a period of eleven (11) months and twenty-five (25) days from now in custody, so that the total time she will have spent in custody is one (1) year.

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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Medium Neutral Citation:	R v Abbas [2025] NSWDC 168
Hearing dates:	2 May 2025
Date of orders:	7 May 2025
Decision date:	07 May 2025
Jurisdiction:	Criminal
Before:	Newlinds SC DCJ
Decision:	Aggregate term of imprisonment of three (3) years. The Offender should be released on a Recognizance, pursuant to s 20(1)(b)(i), after the Offender serves a period of eleven (11) months and twenty-five (25) days from now in custody, so that the total time she will have spent in custody is one (1) year.
Catchwords:	CRIME — Fraud — Victim a Commonwealth entity – Crime of submitting false claims to the NDIA purporting to be legitimate claims under NDIS – Total attempted financial gain of $214,973.93 – Total lost to Commonwealth of approximately $30,000 – Objective seriousness of crimes of fraud against the Commonwealth – Strong subjective case
Legislation Cited:	Crimes Act 1914 (Cth) s 16A, s 20AB Criminal Code Act 1995 (Cth) s 135.1(1)
Cases Cited:	Barbaro v The Queen [2012] VSCA 288 Dickson v R [2016] NSWCCA 105 Director of Public Prosecutions (Commonwealth) v Rowson [2007] VSCA 176 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1 Filippou v The Queen (2015) 256 CLR 47 McGregor v R [2024] NSWCCA 200. Parente v R (2017) 96 NSWLR 633 R v Abboud [2005] NSWCCA 251 R v Holdsworth [1993] QCA 242 R v McNaughton (2006) 66 NSWLR 566 R v Rice (2004) 150 A Crim R 37 Scook v R [2008] WASCA 114 Totaan v R [2022] NSWCCA 75 Veen v The Queen (No 2) (2001) 206 CLR 267 Xiao v R [2018] NSWCCA 4 R v Annecchini (unreported), NSWCCA, 24 April 1996 Ryan v R [2024] VSCA 74
Category:	Sentence
Parties:	Gada Abdelwahab Abbas (Offender) Commonwealth Director of Public Prosecutions (“CDPP”) (Crown)
Representation:	Counsel: A Karim (Offender) B Stevens (Crown) Solicitors: Sydney Criminal Law Specialists (Offender) CDPP (Crown)
File Number(s):	2021/259156
Publication restriction:	Nil