R v Ogbeide - [2021] NSWDC 750

District Court

New South Wales

Medium Neutral Citation: R v Ogbeide [2021] NSWDC 750
Hearing dates: 10 December 2021; 15 December 2021
Date of orders: 15 December 2021
Decision date: 15 December 2021
Jurisdiction: Criminal
Before: M L Williams SC DCJ
Decision:
An aggregate term of imprisonment of three years and ten months with a non-parole period of two years and one month: at [67].

Catchwords:
SENTENCING — Aggravating factors — Breach of conditional liberty
SENTENCING — Mitigating factors — Plea of guilty — Remorse — Rehabilitation
SENTENCING — Penalties — Imprisonment
SENTENCING — Relevant factors on sentence — Co-offenders — Parity — Deterrence — Establishing relevant matters — Moral culpability — Multiple offences — Objective seriousness
SENTENCING — Subjective considerations on sentence — Drug addiction — Hardship — Special circumstances

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146
Green v The Queen (2011) 244 CLR 462
Lowe v The Queen (1984) 154 CLR 606
Postiglione v The Queen (1997) 189 CLR 295
R v Salame (unreported, NSWDC, 1 April 2021)
R v XX (2009) 195 A Crim R 38
Ramos v The Queen [2018] NSWCCA 20

Category: Sentence
Parties:
Regina (Office of the Director of Public Prosecutions)
Prince Ogbedie (Offender)
Representation:
Mr A Walkowiak (Solicitor, Office of the Director of Public Prosecutions
M M Crawford-Fish (Counsel for the offender)

File Number(s): 2020/188512; 2021/173784

Judgment

The offender, Prince Ogbeide, is 26 years old and appears for sentence on a number of charges arising out of his involvement in a criminal syndicate which carried out business email compromise (BEC) frauds and online romance scams. The objective of the criminal group was to obtain financial reward from the proceeds of those scams and to launder the proceeds through a variety of bank accounts, foreign currency exchanges, gold bullion purchases and cryptocurrency remitters.
As part of a Police Strike Force investigation, he was identified as receiving proceeds into his own bank accounts from romance scams, operating as a conduit between participants in the criminal syndicate, in particular Mr Nzeribe and participants involved directly or indirectly in committing the actual BECs and using the proceeds from the above offences to purchase Bitcoin (BTC) between 4 October 2019 and 19 March 2020.
On 2 April 2020, Police arrested Nzeribe and on searching his phone they found communications between Nzeribe and the offender. The offender was arrested on 25 June 2020. A number of items were seized when police searched his residence, including laptops, mobile phones and other electronic storage devices.
He participated in an interview and he told Police that he received $2,500 to $3,000 per fortnight in pay. He had received $150,000 in the last 24 months from his parents. He said he withdrew it all from the bank and kept it at home, but he was not feeling safe with the money, so he sent it back to…

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.

Continue reading R v Ogbeide

Details

AGLC: R v Ogbeide [2021] NSWDC 750
Case: [2021] NSWDC 750
Decision Date: 15 December 2021

CaseChat Overview and Summary

The case of R v Ogbeide involved the sentencing of the appellant, Ogbeide, by the Court of Appeal. The central issue was the appropriate sentence to be imposed on Ogbeide following his conviction for multiple offences. The legal issues that the court was required to address included the consideration of aggravating factors, such as the breach of conditional liberty, and mitigating factors, including the appellant's plea of guilty, expression of remorse, and prospects of rehabilitation. Additionally, the court had to determine the appropriate penalty, specifically the term of imprisonment, and consider relevant factors such as the co-offenders' parity, deterrence, moral culpability, and the objective and subjective seriousness of the offences committed.

The court, in its reasoning, gave significant weight to the mitigating factors presented by Ogbeide, such as his plea of guilty and expressions of remorse. However, the court also recognised the aggravating factors, particularly the breach of conditional liberty. In weighing these factors, the court determined that an aggregate term of imprisonment of three years and ten months, with a non-parole period of two years and one month, was appropriate. This decision reflected a balanced consideration of the need for punishment, deterrence, and the potential for Ogbeide's rehabilitation.

The court's reasoning was grounded in a comprehensive analysis of the legal principles governing sentencing, including the objective and subjective seriousness of the offences, the appellant's moral culpability, and the need to maintain parity with co-offenders. The court also took into account Ogbeide's personal circumstances, such as his drug addiction and the hardships he had faced, as part of the sentencing process. The outcome was a sentence that aimed to achieve a fair balance between the need for punishment and the potential for rehabilitation.

The final orders of the court were that Ogbeide be sentenced to an aggregate term of imprisonment of three years and ten months, with a non-parole period of two years and one month. This sentence was intended to address the seriousness of the offences, the need for deterrence, and the prospects for Ogbeide's rehabilitation, while also taking into account the mitigating factors presented.

Orders

Orders of the court

An aggregate term of imprisonment of three years and ten months with a non-parole period of two years and one month: at [67].

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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Medium Neutral Citation:	R v Ogbeide [2021] NSWDC 750
Hearing dates:	10 December 2021; 15 December 2021
Date of orders:	15 December 2021
Decision date:	15 December 2021
Jurisdiction:	Criminal
Before:	M L Williams SC DCJ
Decision:	An aggregate term of imprisonment of three years and ten months with a non-parole period of two years and one month: at [67].
Catchwords:	SENTENCING — Aggravating factors — Breach of conditional liberty SENTENCING — Mitigating factors — Plea of guilty — Remorse — Rehabilitation SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Co-offenders — Parity — Deterrence — Establishing relevant matters — Moral culpability — Multiple offences — Objective seriousness SENTENCING — Subjective considerations on sentence — Drug addiction — Hardship — Special circumstances
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Green v The Queen (2011) 244 CLR 462 Lowe v The Queen (1984) 154 CLR 606 Postiglione v The Queen (1997) 189 CLR 295 R v Salame (unreported, NSWDC, 1 April 2021) R v XX (2009) 195 A Crim R 38 Ramos v The Queen [2018] NSWCCA 20
Category:	Sentence
Parties:	Regina (Office of the Director of Public Prosecutions) Prince Ogbedie (Offender)
Representation:	Mr A Walkowiak (Solicitor, Office of the Director of Public Prosecutions M M Crawford-Fish (Counsel for the offender)
File Number(s):	2020/188512; 2021/173784