R v Saab

[2025] NSWDC 123

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Saab [2025] NSWDC 123

Hearing dates:

25 June, 13 September, 6 December 2024

Decision date:

04 April 2025

Jurisdiction:

Criminal

Before:

Colefax SC DCJ

Decision:

For sequences 1, 2, and 3 (Commonwealth offences), an aggregate term of imprisonment of 3 years to date from today and to be served by means of an intensive corrections order.

For sequence 4 (State offence), a term of imprisonment of 2 years to date from today and to be served by means of a (separate) intensive corrections order.

Catchwords:

CRIMES - SENTENCE - providing personal identification information with the intention it would be used to commit, or facilitating the commission of, the offence of obtaining a financial advantage from a government entity by deception - assisting the commission of the offence of, by a deception, dishonestly obtaining a financial advantage from Services Australia by supplying personal identification information - assisting the commission of the offence of receiving money reasonably suspected of being proceeds of crime - misconduct in a public office.

Legislation Cited:

Commonwealth Criminal Code: ss 372.1A(1), 134.2(1), 11.2(1), 400.9(1A); Crimes Act 1914 (C’th): ss 16A(2AAA), 16A, 20AB; s66 of the Crimes (Sentencing and Procedure) Act 1999 (NSW)

Cases Cited:

Merheb v R [2024] NSWCCA 145; Bugmy v The Queen [2013] HCA 37; DPP (Cth) v De La Rosa [2010] NSWCCA 194, Vamadevan v The King [2024] NSWCCA 223, Stanley v DPP [2023] HCA 3

Category:

Sentence

Parties:

Rex (Crown)

Selina Saab (Offender)

Representation:

Mr Jordan (Commonwealth Crown Prosecutor)

Mr Karim, later Mr Lloyd KC with Mr Karim, later Mr Lloyd KC (for the offender)

File Number(s):

2023/325254; 2024/99824

Publication restriction:

Nil

JUDGMENT

1. Selina Saab, you appear for sentence today in relation to the following four offences.

2. First, one contravention of s372.1A(1) of the Commonwealth Criminal Code (“sequence 1”). The maximum penalty for sequence 1 is imprisonment for 5 years.

3. Secondly, one contravention of the combined operation of sections 134.2(1) and 11.2(1) of the Commonwealth Criminal Code (“sequence 2”). The maximum penalty for sequence 2 is imprisonment for 10 years.

4. Thirdly, one contravention of the combined operation of sections 400.9(1A) and 11.2(1) of the Commonwealth Criminal Code (“sequence 3”). The maximum penalty for sequence 3 is imprisonment for 2 years.

5. Fourthly, one (NSW) common law offence of misconduct in a public office (“the common law offence”). The penalty for the common law offence is at large. Nevertheless, the Crown fairly conceded in [64] of the document entitled “Outline of Crown Submissions on Sentence” that “…the reference point for the NSW common law offence is less than 7 years.”

6. Between 1 March 2021 and 8 November 2021, you worked as a customer concierge operator for Service NSW.

7. In that role, you had access to important personal identification information held by Service NSW including names, addresses, dates of birth, driver’s licence numbers, and passport numbers.

8. Between July and November 2021, you assisted Mr Salim Merheb to make claims to…