R v Bazouni - [2020] NSWDC 61

District Court

New South Wales

Medium Neutral Citation: R v Bazouni [2020] NSWDC 61
Hearing dates: 1 October 2019 – 29 October 2019
Date of orders: 21 March 2020
Decision date: 21 March 2020
Jurisdiction: Criminal
Before: Weinstein SC DCJ
Decision:
You are sentenced to an aggregate term of imprisonment of 5 years, with a non-parole period of 3 years.
For orders see [134].

Catchwords: CRIME — Fraud — Dishonestly obtain financial advantage by deception — Bank
SENTENCING — Penalties — Imprisonment- Aggregate sentence — Parity — Joint Criminal Enterprise — Findings of Fact
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999 (NSW).
Cases Cited: Green v R; Quinn v R (2011) 244 CLR 462
Markarian v The Queen [2005] HCA 25
Muldrock v The Queen (2011) 244 CLR 120
R v Cornell [2015] NSWCCA 258
R v Finnie [2002] NSWCCA 533 at 59.
Veen v The Queen (No 2) [1988] HCA 14
Category: Sentence
Parties: Regina (Crown)
John Bazouni (Defendant)
Representation: Counsel:
Mr P Hogan, Mr R Kimbell (Crown)
Mr M McHugh SC, Mr M Gleeson (Defence)

File Number(s): 2015/00068058
Publication restriction: Pseudonyms have been used for the name of a witness and other relevant persons.

Judgment

The offender John Bazouni, born in 1976, was found guilty by a jury of the following offences on 1 November 2019:

Dishonestly obtain financial advantage by deception contrary to s 192E 1(b) of the Crimes Act 1900, by providing fraudulent documents including a loan application to St George Bank Limited (the bank) in the name of CD and by dishonestly obtaining for himself, AB, EF and CD a financial advantage, being an investment loan valued at $920,000 for the purchase of units 18 and 53, 19 – 23 Church Street at Nelson Bay between 9 April 2013 and 22 October 2013 (Count 1);

Dishonestly obtain financial advantage by deception contrary to s 192E (1)(b) of the Crimes Act 1900, by providing fraudulent documents including a loan application in the name of LM to the bank and by dishonestly obtaining for himself, AB, and JK a financial advantage, being an investment loan valued at $920,000 for the purchase of units 2 and 1, 19 – 23 Church Street at Nelson Bay between 22 April 2013 and 27 April 2013 (Count 2);

Dishonestly obtain financial advantage by deception contrary to s 192E (1)(b) of the Crimes Act 1900, by providing fraudulent documents including a loan application in the name of NP to the bank and by dishonestly obtaining for himself, AB, JK and EF a financial advantage, being an investment loan valued at $920,000 for the purchase of units 31 and 32, 19 – 23 Church Street at Nelson Bay between 24 June 2013 and 4 September 2013 (Count 4);

Dishonestly obtain financial advantage by deception contrary to s 192E (1)(b) of the Crimes Act 1900, by providing fraudulent documents including a loan application in the name of EH to the bank 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 Bazouni

Details

AGLC: R v Bazouni [2020] NSWDC 61
Case: [2020] NSWDC 61
Decision Date: 21 March 2020

CaseChat Overview and Summary

Bazouni was convicted for a fraud committed against a bank, which involved obtaining a financial advantage through deception. The case was heard in the relevant Australian court, which examined the legal implications of the fraud and the appropriate sentencing. The court needed to determine the nature of the offence, the appropriate penalties, and how these penalties should be aggregated, particularly in the context of a joint criminal enterprise.

The legal issues before the court included whether the offence constituted a dishonest acquisition of a financial advantage by deception, and the appropriate sentence for such an offence. The court had to consider the principles of parity in sentencing for offences committed as part of a joint criminal enterprise and the need to impose a sentence that reflected the seriousness of the offence and the culpability of the offender.

In delivering the judgment, the court found that the offence did indeed involve a dishonest acquisition of a financial advantage through deception. The court considered the severity of the fraud, the offender's culpability, and the need for deterrence and denunciation. It was determined that an aggregate term of imprisonment was necessary, with a non-parole period to ensure the offender serves a significant portion of the sentence before being eligible for parole. The court also emphasised the importance of parity in sentencing for joint criminal enterprises.

The court sentenced Bazouni to an aggregate term of imprisonment of five years, with a non-parole period of three years. The judgment detailed the considerations that led to this sentence and outlined the specific orders to be implemented.

Orders

Orders of the court

You are sentenced to an aggregate term of imprisonment of 5 years, with a non-parole period of 3 years.

For orders see [134].

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 Bazouni [2020] NSWDC 61
Hearing dates:	1 October 2019 – 29 October 2019
Date of orders:	21 March 2020
Decision date:	21 March 2020
Jurisdiction:	Criminal
Before:	Weinstein SC DCJ
Decision:	You are sentenced to an aggregate term of imprisonment of 5 years, with a non-parole period of 3 years. For orders see [134].
Catchwords:	CRIME — Fraud — Dishonestly obtain financial advantage by deception — Bank SENTENCING — Penalties — Imprisonment- Aggregate sentence — Parity — Joint Criminal Enterprise — Findings of Fact
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 (NSW).
Cases Cited:	Green v R; Quinn v R (2011) 244 CLR 462 Markarian v The Queen [2005] HCA 25 Muldrock v The Queen (2011) 244 CLR 120 R v Cornell [2015] NSWCCA 258 R v Finnie [2002] NSWCCA 533 at 59. Veen v The Queen (No 2) [1988] HCA 14
Category:	Sentence
Parties:	Regina (Crown) John Bazouni (Defendant)
Representation:	Counsel: Mr P Hogan, Mr R Kimbell (Crown) Mr M McHugh SC, Mr M Gleeson (Defence)
File Number(s):	2015/00068058
Publication restriction:	Pseudonyms have been used for the name of a witness and other relevant persons.