District Court
New South Wales
Medium Neutral Citation: R v Chung [2023] NSWDC 257 Hearing dates: 21 June 2023
26 June 2023Date of orders: 17 July 2023 Decision date: 17 July 2023 Jurisdiction: Criminal Before: Sutherland SC DCJ Decision: The offender is sentenced to a term of imprisonment of 3 years to be served by way of Intensive Correction Order.
Catchwords: CRIME — Fraud — Dishonestly obtain financial advantage by deception — offender Chief Financial Officer — offender paid herself overtime when not eligible —salary inflated above approved annual salary
SENTENCING — Relevant factors on sentence — Multiple offences — Accumulation, concurrency and totality
SENTENCING — Relevant factors on sentence — Effect of delay
SENTENCING — Relevant factors on sentence — Use of Comparative Cases
Legislation Cited: Crimes Act 1900 (NSW)
Cases Cited: Edelbi v R (wrongly reported as R v Edelbi) [2021] NSWCCA 122
FL v R [2020] NSWCCA 114
Gal v R [2015] NSWCCA 242
Hughes v R [2021] NSWCCA 238
Lane v The Queen [2018] HCA 28; (2018) 265 CLR 196
Lane v The Queen [2018] HCA 28; (2018) 92 ALJR 689
Marks v R [2009] NSWCCA 24
Mill v The Queen (1988) 166 CLR 59
Moodie v R [2020] NSWCCA 160
Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 12
Narouzi v R [2020] NSWCCA 237
Pratten v R [2014] NSWCCA 117
R v Bazouni [2020] NSWDC 61
R v Clarke [2019] NSWDC 2
R v Egge [2020] NSWDC 277
R v Ferguson [2022] NSWDC 356
R v Hawker [2001] NSWCCA 148
R v Jolley [2021] NSWDC 647
R v Mears (1991) 53 A Crim R 141
R v Olbrich [1999] HCA 54; 199 CLR 270
R v Pont [2000] NSWCCA 419; (2000) 121 A Crim R 302
R v Sandford (unreported, NSWCCA, 7 March 1994
R v Stanbouli [2003] NSWCCA 355; (2003) 141 A Crim R 531
R v Swadling [2004] NSWCCA 421
R v Todd [1982] 2 NSWLR 517
R v Todorovic [2008] NSWCCA 49
R v Tomich [2002] NSWCCA 175
R v Woodman [2001] NSWCCA 310
R v XX [2020] NSWDC 771
Regan v R [2019] NSWCCA 6
Scanlan v R [2006] NSWCCA 238
Subramaniam v R [2013] NSWCCA 159
Category: Sentence Parties: Rex (Crown)
Yvonne Chung (Offender)Representation: Counsel:
Solicitors:
C Triscari (Solicitor Advocate, Crown)
B Levet (Offender)
Director of Public Prosecutions (Crown)
Kinghan and Associates (Offender)
File Number(s): 2020/365228
SENTENCE
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Yvonne Yee Chung appears for sentence having been found guilty by a jury with respect to 78 counts of having, by deception, dishonestly obtained a financial advantage from her employer over a period of approximately four and a half years.
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Each of the individual counts was preferred pursuant to the provisions of s 192E(1)(b) of the Crimes Act 1900 (NSW). The maximum penalty is 10 years imprisonment. There is no standard non-parole period.
BACKGROUND TO COUNTS IN THE INDICTMENT
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As will become clear, the period during…
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- R v Chung [2023] NSWDC 257
- Case
- [2023] NSWDC 257
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to address was the appropriate sentence for Chung's fraudulent activities. The court needed to consider various factors, including the nature and number of offences, the effect of any delay in bringing the matter to court, and the use of comparative cases to determine a suitable sentence. The court also had to consider the principles of accumulation, concurrency, and totality in sentencing.
In reaching its decision, the court thoroughly examined the circumstances of the offences and the principles of sentencing relevant to fraud cases. The court recognised the seriousness of Chung's actions, particularly given her position of trust and responsibility. The court also took into account the delay in bringing the matter to court, which was partly attributable to the offender. After considering comparative cases, the court determined that a sentence of imprisonment, to be served by way of an Intensive Correction Order, was appropriate. This sentence balanced the need for punishment, deterrence, and rehabilitation.
The court ordered that Chung be sentenced to a term of imprisonment of 3 years to be served by way of Intensive Correction Order.
Orders
Orders of the court
The offender is sentenced to a term of imprisonment of 3 years to be served by way of Intensive Correction Order.
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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