District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v O’DWYER [2024] NSWDC 11 Hearing dates: 07 December 2023 and 12 December 2023 Date of orders: 02 February 2024 Decision date: 02 February 2024 Jurisdiction: Criminal Before: Anderson SC DCJ Decision: Aggregate sentence of 4 years with a non-parole period of 2 years and 4 months
Catchwords: CRIME – sentencing – fraud – objective seriousness
Legislation Cited: Crimes Act 1900 (NSW), s 192E(1)(b)
Crimes (Sentencing Procedure) Act 1999, s 3A, s 5, s 21A(2), s 21A(2)(m), 21A(2)(n), 21A(3), 21A(3)(a), 21A(3)(e), 21A(3)(f), 21A(3)(g), 21A(3)(h), 21A(3)(i), s 53A
Cases Cited: R v Ho (1989) 39 A Crim R 145
R v Hawkins (1989) 45 A Crim R 430
R v Mungomery [2004] NSWCCA 450
R v Woodman [2001] NSWCCA 310
R v Finnie [2002] NSWCCA 533 R v Todorovic [2008] NSWCCA 49
R v Pont [2000] NSWCCA 419
R v Mears (1991) 53 A Crim R 141
R v Hill [2004] NSWCCA 257
R v Murtaza [2001] NSWCCA 336
Stevens v R [2009] NSWCCA 260
R v El-Rashid (unrep, 7/4/95, NSWCCA)
Ralan St Leonards v Construction, Forestry, Mining and Energy Union [2014] FCA 431
Bugmy v the Queen [2013] HCA 37
DS v R; DM v R [2022] NSWCCA 156
R v Qutami (2001) 127 A Crim R 369
R v Palu (2002) 134 A Crim R 174
Texts Cited: Nil
Category: Sentence Parties: William O’Dwyer (Offender)
Commonwealth Director for Public Prosecutions (Crown)Representation: Counsel:
Solicitors:
Ms D New (Crown)
Mr G Brady SC, with Ms Ghabrial and Mr Deppeler (Offender)
Commonwealth Director for Public Prosecutions (Crown)
Michael Ayache – One Group Legal (Offender)
File Number(s): 2023/205738 Publication restriction: (1) Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), the parts of these reasons for judgment which are marked as redacted on the file copy of the judgment initialled by Anderson SC are not to be published (other than to the parties and their legal representatives) until further order of the Court.
(2) Order (1) is made on the ground specified in s 8(1)(c) and 8(1)(e) of the Act.
JUDGMENT
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The offender is before the Court after pleading guilty to six counts of dishonestly obtaining a financial advantage by deception, contrary to s 192E(1)(b) of the Crimes Act 1900 (NSW). The offender entered this plea of guilty in the Local Court on 22 August 2023 and maintained his plea before me. He is entitled to a discount of 25% for the utilitarian value of the timing of entry of guilty plea and I have taken that into account in setting his sentences.
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The maximum punishment for an offence committed pursuant to s 192E(1)(b) is 10 years’ imprisonment. There is no standard non-parole period.
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It is worth stating at the outset that an offence under…
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- AGLC
- R v O’Dwyer [2024] NSWDC 11
- Case
- [2024] NSWDC 11
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were the assessment of the objective seriousness of O’Dwyer's crimes and the formulation of an aggregate sentence that appropriately reflected these factors. The court had to consider the nature and extent of the fraud, the impact on the victims, and the need for deterrence and denunciation in sentencing. The defence argued for a lesser sentence citing personal circumstances, while the prosecution urged a more stringent penalty to reflect the gravity of the offences.
The court, after thorough deliberation, concluded that the crimes were of significant objective seriousness given the scale of the fraud and the number of victims affected. The court noted that the offences not only caused substantial financial harm but also eroded public trust in financial systems. The judge determined that an aggregate sentence was appropriate, taking into account the cumulative effect of the crimes. The final sentence was set at 4 years imprisonment, with a non-parole period of 2 years and 4 months, ensuring that the sentence served both punitive and deterrent purposes.
Orders
Orders of the court
Aggregate sentence of 4 years with a non-parole period of 2 years and 4 months
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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