R v Kosseifi; R v Sousan

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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

  1. 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.

  2. 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 (

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Details
Case
[2024] NSWDC 106
Decision Date

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

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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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