R v Islam; R v Ahmed

District Court

New South Wales

Medium Neutral Citation:

R v Islam; R v Ahmed [2019] NSWDC 546

Hearing dates:

15 July 2019

Date of orders:

15 July 2019

Decision date:

15 July 2019

Jurisdiction:

Criminal

Before:

M L Williams SC DCJ

Decision:

Islam – An aggregate term of three years, ten months with a non-parole period of two years, eight months: at [29].
Ahmed - An aggregate term of two years, six months with a non-parole period of one year, seven months: at [43].

Catchwords:

SENTENCING — Aggravating factors — Financial gain — In company — Multiple victims — Planned or organised criminal activity — Record of previous convictions — Breach of conditional liberty
SENTENCING — Mitigating factors — Plea of guilty Rehabilitation — Remorse
SENTENCING — Relevant factors on sentence — Co-offenders — Parity — De Simoni/double counting
SENTENCING — Subjective considerations on sentence — Special circumstances — Drug addiction — Mental illness

Legislation Cited:

Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Kemp v The Queen [2012] NSWCCA 281

Texts Cited:

Nil

Category:

Sentence

Parties:

Regina (Crown)
Tariqul Islam (Offender)
Mustafa Ahmed (aka Liton Sheikh) (Offender)

Representation:

Ms Ng (Crown)

 

Mr Ainsworth (Counsel for the Offender – Islam)

  Mr James (Counsel for the Offender – Ahmed)

File Number(s):

18/27691; 18/91549; 17/257074

Judgment

1. Tariqul Islam and Mustafa Ahmed (also known as Lition Sheikh), appear for sentence, both having pleaded guilty to one count under s 93T of the Crimes Act 1900 of participate in criminal group, and one count under s 192J of deal with identification information, which both carry a maximum penalty of ten years imprisonment with no standard non‑parole period. These penalties are yardsticks to be taken into account in the sentencing process, as well as the purposes of sentencing in s 3A of the Crimes (Sentencing Procedure) Act 1999.

2. The offenders pleaded guilty at an early opportunity and it is common ground that a 25% discount on any term of imprisonment should be allowed for the utilitarian value of the plea. It is also common ground that a period of fulltime custody is required in both cases and it is unnecessary for me to consider any alternatives.

3. The offending was detected by the Financial Crimes Squad, who were investigating fraudulent transactions arising from a credit card skimming operation, said to be overseen and organised by Mr Islam, although as Mr Ainsworth for counsel points out, there was probably someone else involved beyond those who have been dealt with, and who are here for sentence today.

4. It is common ground that Mr Islam’s sentence should commence on 18 November 2018, bearing in mind questions of totality and the fact that he has served a sentence for other fraud offences imposed by Armitage ADCJ, on 20 April 2018.

5. The Crown bundles contain details of the offending and the records of the various co‑offenders, Mr Rabbi and Mr Alam, as well as Mr Syed Rahman, who was to be dealt with today but his case has…