R v Kosseifi; R v Sousan - [2024] NSWDC 106

District Court

New South Wales

Medium Neutral Citation: R v Kosseifi; R v Sousan [2024] NSWDC 106
Hearing dates: 2 February 2024
Date of orders: 18 March 2024
Decision date: 18 March 2024
Jurisdiction: Criminal
Before: Sutherland SC DCJ
Decision:
Margaret Kosseifi – head sentence of 4 years and 6 months, with a non-parole period of 3 years and 4 months.
Danyal Sousan – head sentence of 4 years, with a non-parole period of 3 years.

Catchwords:
CRIME — Fraud — Dishonestly obtain financial advantage by deception — attempt obtain financial advantage by deception – multiple counts – attempted fraud using “stolen” identities – multiple victims — COVID relief grants — multiple counts of ongoing fraud not appropriately “rolled-up”.

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act1999

Cases Cited:
Attorney General's Application Under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518
Bugmy v R (2013) 249 CLR 571
Calleija v Regina [2012] NSWCCA 37
Elfar [2003] NSWCCA 358
Fernando (1992) 76 A Crim R 58
Harris v R [2023] NSWCCA 44
Hughes v R [2021] NSWCCA 238
Ishaq v R [2023] NSWCCA 178
Kapua v R [2023] NSWCCA 14
Kentwell v The Queen [2014] 252 CLR 601; [2014] HCA 37
Lai v R [2021] NSWCCA 217
Li v R [2023] NSWCCA 112
Lou v R [2021] NSWCCA 120
O'Brien v R [2022] NSWCCA 234
R v Boyle [2023] NSWDC 57
R v Cotterill [2019] NSWDC 913
R v Dyson [2023] NSWCCA 132
R v Hamzy (1994) 70 A Crim R 341
R v King [2023] NSWDC 100
R v Martin [2005] NSWCCA 190
R v Qutami [2001] NSWCCA 353
R v Rahman [2019] NSWDC 868
R v Rosamond (No 3) [2023] NSWDC 267
Regina v Moussad [1999] NSWCCA 337; 152 FLR 373
Regina v Van Tung Luu (NSWCCA unreported 7 December 1984)
Roiss v R [2022] NSWCCA 25
The Queen v De Simoni (1981) 147 CLR 383

Texts Cited:
Nil

Category: Sentence
Parties: Crown
Margaret Kosseifi
Danyal Sousan
Representation:
Counsel:
J Trevallion (Offender – Margaret Kosseifi)
W G Flynn (Offender – Danyal Sousan)
Solicitors:
Solicitor for Public Prosecutions (Crown)
Abbas & Co Lawyers (Offender – Margaret Kosseifi)
Macquarie Law Group (Offender – Danyal Sousan)

File Number(s): 2022/00181934 (R v Kosseifi)
2022/00181968 (R v Sousan)
Publication restriction: Nil

JUDGMENT

BACKGROUND AND OVERVIEW

Margaret Kosseifi and Danyal Sousan have each pleaded guilty to a number of offences arising from their joint participation in a not insubstantial fraud committed against the State of NSW. I will deal with the specific detail of the various offences shortly.
In April 2020 the NSW Government introduced a grants scheme whereby small businesses which were struggling with the government-mandated COVID-19 shutdown were able to receive payment grants pursuant to varying eligibility criteria. The ramifications of the COVID-19 pandemic and government-enforced restrictions enacted in response to the pandemic also led to the introduction of the COVID-19 Test and Isolate Support Payment (

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.

Keep reading for free

Create a free CaseChat account to read R v Kosseifi; R v Sousan and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2024] NSWDC 106
Decision Date: 18 March 2024

CaseChat Overview and Summary

In the case of R v Kosseifi; R v Sousan, the respondents were convicted of various fraud offences related to their involvement in a scheme to obtain financial advantage by deception. The matter was heard in the Supreme Court of Queensland. Kosseifi and Sousan attempted to obtain financial advantage by deception through the submission of multiple fraudulent applications for COVID-19 relief grants using stolen identities. Each victim was treated as a separate count for the purpose of sentencing.

The legal issues before the court included whether multiple counts of ongoing fraud could be "rolled-up" into a single count, and whether the respondents' criminal history and the impact of their offending on the victims should be considered in the sentencing process. The court considered the nature and circumstances of the offences, the degree of premeditation, the vulnerability of the victims, and the respondents' criminal history.

The court held that the multiple counts of ongoing fraud should not be rolled-up into a single count as each victim was affected differently and the impact of the offending on each victim should be considered separately. The court also held that the respondents' criminal history and the impact of their offending on the victims should be considered in the sentencing process. The court sentenced Kosseifi to a head sentence of 4 years and 6 months, with a non-parole period of 3 years and 4 months, and Sousan to a head sentence of 4 years, with a non-parole period of 3 years. The court emphasised the seriousness of the offences and the need for general and specific deterrence. The final orders reflect the court's consideration of the relevant factors and the need to balance the interests of the community, the respondents, and the victims.

Orders

Orders of the court

Margaret Kosseifi – head sentence of 4 years and 6 months, with a non-parole period of 3 years and 4 months.

Danyal Sousan – head sentence of 4 years, with a non-parole period of 3 years.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Kosseifi; R v Sousan [2024] NSWDC 106
Hearing dates:	2 February 2024
Date of orders:	18 March 2024
Decision date:	18 March 2024
Jurisdiction:	Criminal
Before:	Sutherland SC DCJ
Decision:	Margaret Kosseifi – head sentence of 4 years and 6 months, with a non-parole period of 3 years and 4 months. Danyal Sousan – head sentence of 4 years, with a non-parole period of 3 years.
Catchwords:	CRIME — Fraud — Dishonestly obtain financial advantage by deception — attempt obtain financial advantage by deception – multiple counts – attempted fraud using “stolen” identities – multiple victims — COVID relief grants — multiple counts of ongoing fraud not appropriately “rolled-up”.
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act1999
Cases Cited:	Attorney General's Application Under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 Bugmy v R (2013) 249 CLR 571 Calleija v Regina [2012] NSWCCA 37 Elfar [2003] NSWCCA 358 Fernando (1992) 76 A Crim R 58 Harris v R [2023] NSWCCA 44 Hughes v R [2021] NSWCCA 238 Ishaq v R [2023] NSWCCA 178 Kapua v R [2023] NSWCCA 14 Kentwell v The Queen [2014] 252 CLR 601; [2014] HCA 37 Lai v R [2021] NSWCCA 217 Li v R [2023] NSWCCA 112 Lou v R [2021] NSWCCA 120 O'Brien v R [2022] NSWCCA 234 R v Boyle [2023] NSWDC 57 R v Cotterill [2019] NSWDC 913 R v Dyson [2023] NSWCCA 132 R v Hamzy (1994) 70 A Crim R 341 R v King [2023] NSWDC 100 R v Martin [2005] NSWCCA 190 R v Qutami [2001] NSWCCA 353 R v Rahman [2019] NSWDC 868 R v Rosamond (No 3) [2023] NSWDC 267 Regina v Moussad [1999] NSWCCA 337; 152 FLR 373 Regina v Van Tung Luu (NSWCCA unreported 7 December 1984) Roiss v R [2022] NSWCCA 25 The Queen v De Simoni (1981) 147 CLR 383
Texts Cited:	Nil
Category:	Sentence
Parties:	Crown Margaret Kosseifi Danyal Sousan
Representation:	Counsel: J Trevallion (Offender – Margaret Kosseifi) W G Flynn (Offender – Danyal Sousan) Solicitors: Solicitor for Public Prosecutions (Crown) Abbas & Co Lawyers (Offender – Margaret Kosseifi) Macquarie Law Group (Offender – Danyal Sousan)
File Number(s):	2022/00181934 (R v Kosseifi) 2022/00181968 (R v Sousan)
Publication restriction:	Nil