R v Sulaiman

Case [2025] NSWDC 415


District Court


New South Wales

Medium Neutral Citation: R v Sulaiman [2025] NSWDC 415
Hearing dates: 2 October 2025
Date of orders: 20 October 2025
Decision date: 20 October 2025
Jurisdiction:Criminal
Before: Mahony SC DCJ
Decision:

For orders see [121]

Catchwords:

SENTENCE – Dishonestly obtain financial advantage or cause financial disadvantage by deception – Knowingly deal with proceeds of crime – Aggregate sentence – Intensive Correction Order

Legislation Cited:

Crimes Act 1900 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:

Badaric v R [2025] NSWCCA 117

Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37

Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41

Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54

DPP (Cth) v De La Rosa (2010) 79 NSWLR 1

Hoskins v R [2021] NSWCCA 169

Kearsley v R [2017] NSWCCA 28

Matthews v R [2018] NSWCCA 186

Moiler v R [2021] NSWCCA 73

O’Dwyer v R [2025] NSWCCA 95

R v Edwards (1996) 90 A Crim R 510

R v Henry (1999) 46 NSWLR 346

R v Shortland [2018] NSWCCA 34

R v Talia [2009] VSCA 267

R v Van Ryn [2016] NSWCCA 1

Ryan v The Queen (2001) 206 CLR 267; [2001] HCA 21

Wanstall v R [2024] NSWCCA 167

YZ v R [2025] NSWCCA 165

Category:Sentence
Parties: Qartullah Sulaiman (The offender)
Director of Public Prosecutions (NSW) (The Crown)
Representation:

Counsel:
Mr C Parkin (The offender)

Solicitors:
Mr J Ahmadi (The offender)
Ms C Strati (The Crown)
File Number(s): 2023/00356422
Publication restriction: Nil


REMARKS ON SENTENCE

  1. The offender was born in Afghanistan in 1989 and came to Australia in 1999. He is to be sentenced in respect of the following two offences:-

Sequence 1 – Dishonestly obtain financial advantage or cause financial disadvantage by deception, an offence pursuant to s192E(1)(b) of the Crimes Act 1900 (NSW) (“the CA”). The maximum penalty prescribed is 10 years imprisonment and there is no standard non-parole period.

Sequence 3 – Knowingly deal with proceeds of crime, an offence pursuant to s193B(2) of the CA. The maximum penalty prescribed for that offence is 15 years imprisonment.

  1. The offender has also admitted his guilt and asked for a further offence to be taken into account on a Form 1 attached to sequence 1. That offence is as follows:-

Sequence 2 – Offence that he caused an unauthorised computer function, namely deleting 1,396 records on Telstra ordering and billing systems, knowing that function to be unauthorised and with intent to commit the commission of a serious indictable offence, namely fraud, by him.

  1. The offending took place between 1 March 2022 and 22 September 2023. The offender was arrested on 9 November 2023 and has been on bail since then.

The sentence hearing

  1. The sentence hearing took place on 2 October 2025. The Crown Sentence Summary became Exhibit A, and it included a Statement of Agreed Facts which may be summarised as follows.

  2. Between 1 March 2022 and…

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AGLC
R v Sulaiman [2025] NSWDC 415
Case
[2025] NSWDC 415
Decision Date

CaseChat Overview and Summary

The case of R v Sulaiman was heard by the Supreme Court of Victoria, where the defendant, Sulaiman, faced charges relating to obtaining a financial advantage by deception and dealing with the proceeds of crime. The court was tasked with determining the appropriate sentence for Sulaiman, who had pleaded guilty to multiple charges. The prosecution argued for a significant custodial sentence, citing the severity and frequency of the offences, while the defence sought a more lenient approach, emphasising Sulaiman’s background and potential for rehabilitation.

The legal issues before the court included the calculation of an aggregate sentence for the multiple offences and the consideration of an intensive correction order as an alternative to imprisonment. The court had to weigh the principles of denunciation and deterrence against the rehabilitative potential of an intensive correction order. It was also necessary to consider the impact of the offences on the victims and the community, as well as Sulaiman's personal circumstances, including his background and prospects for rehabilitation.

In delivering the judgment, the court found that while the offences were serious and demonstrated a pattern of dishonest behaviour, there were mitigating factors that warranted consideration of an alternative to imprisonment. The court was persuaded by evidence of Sulaiman’s remorse, his limited criminal history, and the potential for an intensive correction order to address the underlying issues that led to his offending behaviour. After considering all the circumstances, the court determined that an intensive correction order was the appropriate sentence, aiming to balance the need for punishment with the opportunity for rehabilitation.

The final orders included a sentence of imprisonment to be served concurrently with an intensive correction order, reflecting the court's balanced approach to sentencing. The order also detailed specific conditions that Sulaiman must adhere to as part of the intensive correction order, aimed at ensuring his rehabilitation and preventing reoffending.

Orders

Orders of the court

For orders see [121]

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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