R v Choi - [2013] NSWDC 28

District Court

New South Wales

Medium Neutral Citation: R v Choi [2013] NSWDC 28
Hearing dates: 25 January 2013
Decision date: 25 January 2013
Before: Berman SC DCJ
Decision:
Sentenced to imprisonment consisting of an effective overall non parole period of 3 years with an eligibility for parole of 2 years. Drugs to be destroyed

Catchwords: CRIMINAL LAW - Sentence - Commonwealth and state offences - Forms 1 - Attempting to possess blank Australian Medicare cards knowing them to be false documents - Dishonestly obtain a financial advantage by deception - Possess false driver's licence with the intention of committing an indictable offence - Making a false instrument - Dealing with the proceeds of crime.
Legislation Cited: Commonwealth Criminal Code
Crimes (Sentencing Procedure) Act
Cases Cited: R v Ali [2008] NSWCCA 60
Category: Sentence
Parties: The Crown
Myung Ho Choi
Representation: P McGrath
I Wallach - for the offender
Director of Public Prosecutions
Bilitas and Associates - Offender

File Number(s): 2010/232224

SENTENCE

HIS HONOUR: Appearing for sentence today is Myung Ho Choi, a young man who came to Australia from Korea to study. He appears to have studied well. He completed a Bachelor of Actuarial Studies from Macquarie University and had embarked upon a master's degree when he was arrested for a series of offences that I will shortly relate. He has no other criminal history. His criminality was substantial, extending over a lengthy period of time and involving many many separate acts of wrongdoing. He was industrious and apparently clever in his criminal activities, just as he appears to have been industrious and clever in his studies.

He has served a very lengthy period of time awaiting today's sentence date, something in the order of two and a half years. That is a regrettable situation in the extreme. No one, certainly not in modern New South Wales, should have to wait two and a half years before their criminal matters are dealt with to finality. It is scarcely in the interests of justice for offenders (who may well be acquitted) to spend such lengthy periods of time awaiting resolution of their criminal matters, nor is it in the interests of justice for punishment to be delayed so long as it has been in this case. Although perhaps not particularly relevant to this case, it is notorious that those whose criminal matters are awaiting finalisation have limited access to courses and rehabilitative programs whilst remanded in custody. I am not quite sure why it is that it took so long for this matter to come before me today. I repeat it is regrettable in the extreme.

Let me now turn to what the offender is to be sentenced for. I will set out what the offender did in a little while, but I will firstly explain the charges to which he has pleaded guilty.

The first is an offence of attempting to possess blank Australian Medicare cards knowing them to be false documents with the intention that another person would…

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 Choi

Details

AGLC: R v Choi [2013] NSWDC 28
Case: [2013] NSWDC 28
Decision Date: 25 January 2013

CaseChat Overview and Summary

In the case of R v Choi, the defendant was brought before the court on multiple charges including attempting to possess blank Australian Medicare cards with the knowledge that they were false documents, dishonestly obtaining a financial advantage by deception, possessing a false driver's licence with intent to commit an indictable offence, making a false instrument, and dealing with the proceeds of crime. The court was tasked with determining an appropriate sentence for these offences.

The legal issues before the court were primarily centred around the nature and severity of the crimes committed, the defendant's criminal history, and the need for the sentence to reflect both punishment and deterrence. The court also considered the principles of sentencing, including proportionality and the need to protect the community.

The court found that the crimes committed by the defendant were serious and involved multiple instances of deceit and illegal activity. The defendant's actions demonstrated a pattern of dishonesty and a disregard for the law. Despite the defendant's lack of a prior criminal record, the court emphasised the need for deterrence and the protection of the community. Consequently, the court sentenced the defendant to imprisonment with an effective overall non-parole period of three years, with eligibility for parole after two years. The court also ordered that any drugs found in the defendant's possession be destroyed.

Orders

Orders of the court

Sentenced to imprisonment consisting of an effective overall non parole period of 3 years with an eligibility for parole of 2 years. Drugs to be destroyed

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 Choi [2013] NSWDC 28
Hearing dates:	25 January 2013
Decision date:	25 January 2013
Before:	Berman SC DCJ
Decision:	Sentenced to imprisonment consisting of an effective overall non parole period of 3 years with an eligibility for parole of 2 years. Drugs to be destroyed
Catchwords:	CRIMINAL LAW - Sentence - Commonwealth and state offences - Forms 1 - Attempting to possess blank Australian Medicare cards knowing them to be false documents - Dishonestly obtain a financial advantage by deception - Possess false driver's licence with the intention of committing an indictable offence - Making a false instrument - Dealing with the proceeds of crime.
Legislation Cited:	Commonwealth Criminal Code Crimes (Sentencing Procedure) Act
Cases Cited:	R v Ali [2008] NSWCCA 60
Category:	Sentence
Parties:	The Crown Myung Ho Choi
Representation:	P McGrath I Wallach - for the offender Director of Public Prosecutions Bilitas and Associates - Offender
File Number(s):	2010/232224