R v Rasavong

[2018] NSWLC 5

Local Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Rasavong [2018] NSWLC 5

Hearing dates:

18 April 2018

Decision date:

30 May 2018

Jurisdiction:

Criminal

Before:

Judge Graeme Henson, Chief Magistrate

Decision:

The offender is sentenced to a term of imprisonment of 24 months to commence on 30 May 2018 and expiring on 29 May 2020 with a non-parole period of 15 months. The offender is to be released to parole on 29 August 2019.

Catchwords:

CRIMINAL LAW – Sentence – Dishonestly obtain financial advantage by deception - relevant factors – prior history criminal offending – abuse of position of trust – offence involved a degree of planning – committed for financial gain - defendant diagnosed with substance abuse disorder, addictive disorder, and adjustment disorder – impact on former employer – discount for utilitarian value of guilty plea – no other sentence other than imprisonment appropriate – appropriate sentence exceeds jurisdictional limit - effectively removes alternatives to full-time imprisonment from consideration - fact Court determined a sentence beyond the general applicability of alternatives but is constrained by the jurisdictional limit does not re-activate their respective applicability - not appropriate to adjust sentence to bring within parameters of a legislative option if conduct and circumstances would not otherwise justify such an outcome – special circumstances – compensation for loss

Legislation Cited:

Crimes Act 1900 (NSW) s 192E(1)(b), 192E(3)
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 5, 21A(2), 21A(3)(h), 44(2), 68(1)

Cases Cited:

Kelsall v R [2017] NSWCCA 240
R v Carr [2002] NSWCCA 434
R v Doan (2000) 50 NSWLR 115.
R v Mato; R v Rusu (1999) 109 A Crim R 121
R v Mungomery (2004) 151 A Crim R 376
R v Pantano (1990) 49 A Crim R 328
R v Pont (2000) 121 A Crim R 302
R v Thomson; R v Houlten (2000) 49 NSWLR 383
R v Yildiz (2006) 160 A Crim R 218
R v Zamagias [2002] NSWCCA 17

Category:

Sentence

Parties:

NSW Police (prosecution)
Billie Joe Rasavong (defendant)

Representation:

Sgt Phillipson, NSW Police Prosecutors (for the prosecution)

Ms D Chappell, NSW Legal Aid Commission (for the defendant)

 

File Number(s):

2017/00290648

Publication restriction:

Nil

Judgment

1. Billie Joe Rasavong is to be sentenced for the offence of Dishonestly Obtaining a Financial Advantage by Deception. The proceedings are brought pursuant to section 192E(1)(b) of the Crimes Act 1900 (NSW). The maximum penalty upon conviction is imprisonment for 10 years. The offence is listed in Table 1 of Schedule 1 of the Criminal Procedure Act 1986 (NSW) as an offence that is to be dealt with summarily before the Local Court unless the Director of Public Prosecutions otherwise elects to proceed on indictment before the District Court. No such election has been made. In these circumstances the Local Court is limited in the exercise of its jurisdiction to a maximum term of imprisonment upon conviction of two years. The jurisdictional limit does not affect the determination of the objective seriousness of the offence. This…