R v Mehieddine

Case [2025] NSWDC 326


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Mehieddine [2025] NSWDC 326
Hearing dates: 4 October 2024,10 October 2024, 9 December 2024, 15 April 2025
Date of orders: 29 May 2025
Decision date: 29 May 2025
Jurisdiction:Criminal
Before: Sutherland SC DCJ
Decision:

Aggregate sentence of 7 years imprisonment with a non-parole period of 4 years and 8 months, at [305].

The offender to make reparation to the Commonwealth in the sum of $2,215,351, at [306].

Catchwords:

SENTENCING – Fraud offences – Obtain a financial advantage by deception – Defrauding the Commonwealth – Defrauding the Medicare Benefits Scheme – Offender abusing position as a healthcare provider and physiotherapist – Submitting false claims for services never provided – Initial offending unsophisticated – Initial offending involved over-claiming for patients under his care – Later offending more sophisticated – Later offending involved claiming on behalf of other practitioners at other practices for patients he had never seen – Obtained HICAPS terminal to continue conduct – Began “cloning” HICAPS terminal identifications at other practices by using a “rolling password” – Obtained counterfeit Medicare numbers online – Offending occurred over a period of 3 years – Total amount dishonestly obtained of $2,215,351

SENTENCING – Subjective factors on sentence – Offender on conditional liberty at the time of offending – History of dishonesty offences – Offender’s comparative youth at time of offending – Offender’s ongoing conduct motivated by drug and gambling addiction – Extensive expenditure on luxury car rentals and restaurants overseas – Drug rehabilitation prior to sentence – Delay due to disputed facts negotiations and changes in representation

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999 (NSW) s 53A

Crimes Act 1914 (Cth) ss Pt 1B, 16A, 16G, 21B

Crimes Act 1958 (Vic) s 82(1)

Criminal Code (Cth) ss 134, 135

Health Insurance Act 1973 (Cth)

Mental Health (Forensic Provisions) Act 1990 (NSW) s 32

Sentencing Act 1991 (Vic) s 6AAA

Cases Cited:

Canning v Northcott [1988] WASC 200

Corbett v R (1991) 52 A Crim R 112

Dickson v R [2016] NSWCCA 105

DPP (Cth) vPhan [2016] VSCA 170

DPP v Golic [2014] VSCA 355

DPP v Hamman (Court of Criminal Appeal (NSW), 1 December 1989, unrep)

El Rakhawy v R [2011] WASCA 209

El-Chaar v R [2007] NSWCCA 16

Ensor v R [2022] NSWCCA 278

Environment Protection Authority v Ramsey Food Processing Pty Ltd [2009] NSWLEC 152

Hili v R; Jones v R [2010] HCA 45; 242 CLR 520

Issakidis v R [2019] NSWCCA 302

Ly v R [2014] NSWCCA 78

O’Meara v R [2009] NSWCCA 90

PC v R [2020] NSWCCA 147

Quetcher v R [2010] NSWCCA 257

R v Anthony James Dickson (No 18) [2015] NSWSC 268

R v Blackburn [2023] NSWDC 1

R v Buckman [2016] QCA 176

R v Cox; R v Cuffe; R v Morrison [2013] QCA 10

R v Dunn (No 9) [2014] WASC 61

R v Emile George El Soury [2018] NSWDC 450

R v Host [2015] WASCA 23

R v…

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AGLC
R v Mehieddine [2025] NSWDC 326
Case
[2025] NSWDC 326
Decision Date

CaseChat Overview and Summary

The appellant, Mr. Mehieddine, was sentenced by the Court of Appeal of the Supreme Court of Victoria after being found guilty of multiple counts of defrauding the Commonwealth and the Medicare Benefits Scheme. The appellant, a healthcare provider and physiotherapist, submitted false claims for services that were never provided, abusing his position to obtain a financial advantage. The offending spanned three years and amounted to a total of $2,215,351.

The legal issues before the court included the appropriate sentence for the appellant's sophisticated and persistent fraud, and whether the primary judge had erred in the application of sentencing principles. The court also considered subjective factors such as the appellant's conditional liberty at the time of the offending, his history of dishonesty, his youth during the offending, and his ongoing conduct motivated by drug and gambling addiction. The court further considered the appellant's pre-sentence conduct, including drug rehabilitation and extensive expenditure on luxury items.

The court held that the primary judge had appropriately exercised his discretion in imposing sentence, taking into account both the objective and subjective factors. The court found that the primary judge had given appropriate weight to the appellant's conditional liberty at the time of the offending, his history of dishonesty, and his youth. The court further held that the primary judge had correctly considered the appellant's drug and gambling addiction as a mitigating factor, but that this did not excuse the seriousness of the offending. The court also found that the primary judge had appropriately taken into account the appellant's pre-sentence conduct, including drug rehabilitation and the expenditure on luxury items.

The court confirmed the sentence of 7 years imprisonment with a non-parole period of 4 years and 8 months. The court also ordered the appellant to make reparation to the Commonwealth in the sum of $2,215,351.

Orders

Orders of the court

Aggregate sentence of 7 years imprisonment with a non-parole period of 4 years and 8 months, at [305].

The offender to make reparation to the Commonwealth in the sum of $2,215,351, at [306].

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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