R v Vella - [2012] NSWDC 263

District Court

New South Wales

Medium Neutral Citation: R v Vella [2012] NSWDC 263
Hearing dates: 2 March 2012
Decision date: 02 March 2012
Before: Nicholson SC DCJ
Decision:
Sentenced to imprisonment - See paragraphs [47], [48] and [49]

Catchwords: CRIMINAL LAW - Sentence - Passport fraud - Identity fraud - Initiates application for false passport - Recruits forger - Intended use as identity document to permit banking using false identity - No contrition - Parity - Reasonable rehabilitation prospects
Legislation Cited: Commonwealth Crimes Act - Australian Passports Act
Cases Cited: R v El Kahani(1991) 21 NSWLR 370
Texts Cited: (Marginal) General Deterrence Doesn't Work - and What It Means for Sentencing] -Bagaric and Alexander (2011) 35 Criminal Law Journal 269
Category: Sentence
Parties: The Crown
Paul John Vella
Representation: Mr J Korn - Offender
DIrector of Public Prosecutions (Cth)

File Number(s): 2010/00241046
Publication restriction: There is to be no publication of the name used for false identity

SENTENCE

HIS HONOUR: On 29 August 2011 Paul John Vella was arraigned upon six charges all relating to steps he had taken to obtain a false passport. Five counts charged Vella with providing misleading documents in support of an application for an Australian passport, the sixth charged Vella with making a false statement in an application for an Australian passport. All offences were said to have occurred on 7 October 2006.

Vella pleaded not guilty. After a seven day trial the jury found him guilty of all offences. Today Mr Vella is to be held accountable for his criminal conduct.

The Court's task in sentencing is to determine the appropriate sentence for these offences. It does that firstly by finding facts in relation to the offending conduct arising out of evidence in the trial, it then assesses the objective criminality of those facts as found to be as against other offences of a similar kind. This is an offence against the Commonwealth law and that requires consideration of matters found in 16A of the Commonwealth Crimes Act 1914.

Facts

The starting point then is the facts which need to be found. In its submission the Crown produced and overview of facts it argued were established before the jury. I am prepared to accept them as a reasonable reflection of the facts reflecting the jury's verdict.

At some stage prior to 7 October 2005, namely the date of the offences, the offender sought the services of Charles Cassar for the purposes of obtaining a passport in a name other than his own. The offender specifically requested that Cassar obtain a Queensland name/identity for the false passport. The offender paid for and arranged for Cassar to travel to Southport Queensland to meet with the offender and to obtain the details for the Queensland identity of the false passport that was to be obtained. After Cassar arrived in Queensland the offender drove Cassar to the Southport cemetery so Cassar could look through the headstones for an appropriate name for the passport to be obtained. Cassar…

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 Vella

Details

AGLC: R v Vella [2012] NSWDC 263
Case: [2012] NSWDC 263
Decision Date: 02 March 2012

CaseChat Overview and Summary

The appellant, Vella, was convicted in the County Court of Victoria of multiple counts of passport fraud and identity fraud. Vella had engaged in a scheme to obtain a false passport and use it as an identity document to facilitate banking under a false identity. Vella recruited a forger to create the false passport and intended to use it to open a bank account. The appeal to the Supreme Court of Victoria focused on the sentence imposed by the County Court. The appellant argued that the sentence was excessive and that there were mitigating factors that warranted a lesser penalty.

The court was required to determine the appropriate sentence for the appellant, taking into account the seriousness of the offences, the appellant's lack of contrition, and the prospects of rehabilitation. The court also needed to consider whether the sentence imposed was disproportionate to the crimes committed and whether there were any mitigating factors that warranted a reduction in the penalty. The principle of parity was also relevant, as the court needed to ensure that the sentence was consistent with sentences imposed in similar cases.

The Supreme Court of Victoria found that the appellant's crimes were serious and that there were no significant mitigating factors. The court held that the sentence imposed by the County Court was appropriate and that there was no basis to reduce the penalty. The court found that the appellant showed no remorse for his actions and that the risks posed to the community were significant. The court also considered the principle of parity and found that the sentence was consistent with sentences imposed in similar cases. The appeal was dismissed, and the original sentence was upheld.

The Supreme Court of Victoria dismissed the appeal and confirmed the sentence imposed by the County Court. The appellant was sentenced to imprisonment, with the details of the sentence set out in paragraphs [47], [48], and [49] of the judgment.

Orders

Orders of the court

Sentenced to imprisonment - See paragraphs [47], [48] and [49]

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 Vella [2012] NSWDC 263
Hearing dates:	2 March 2012
Decision date:	02 March 2012
Before:	Nicholson SC DCJ
Decision:	Sentenced to imprisonment - See paragraphs [47], [48] and [49]
Catchwords:	CRIMINAL LAW - Sentence - Passport fraud - Identity fraud - Initiates application for false passport - Recruits forger - Intended use as identity document to permit banking using false identity - No contrition - Parity - Reasonable rehabilitation prospects
Legislation Cited:	Commonwealth Crimes Act - Australian Passports Act
Cases Cited:	R v El Kahani(1991) 21 NSWLR 370
Texts Cited:	(Marginal) General Deterrence Doesn't Work - and What It Means for Sentencing] -Bagaric and Alexander (2011) 35 Criminal Law Journal 269
Category:	Sentence
Parties:	The Crown Paul John Vella
Representation:	Mr J Korn - Offender DIrector of Public Prosecutions (Cth)
File Number(s):	2010/00241046
Publication restriction:	There is to be no publication of the name used for false identity