R v Zreika

District Court

New South Wales

Medium Neutral Citation:	R v Zreika [2021] NSWDC 357
Hearing dates:	27 April and 8 June 2021
Decision date:	08 June 2021
Jurisdiction:	Criminal
Before:	Colefax SC DCJ
Decision:	Aggregate term of imprisonment of 4 years 6 months with a non parole period of 3 years.
Catchwords:	CRIME-SENTENCE- dishonestly obtain financial advantage by deception from the Commonwealth of Australia - attempt to obtain a financial advantage by deception from the Commonwealth of Australia -intention to obtain a gain from the Commonwealth of Australia using false identities - intentionally dishonestly obtain gain from the Commonwealth of Australia - dishonestly cause a financial disadvantage to an entity - Bushfire Disaster Relief Fund.
Legislation Cited:	Commonwealth Criminal Code: ss134.2(1), 11.1(1), 134.2(1), 135.1(1) and 135.1(1); Crimes Act 1900 (NSW), s192E(1)(b)
Category:	Sentence
Parties:	Regina (Crown) Yousef Zreika (Offender)
Representation:	Mr Vuu, later Ms Nunn (Commonwealth DPP) Mr Kondich (Counsel for the offender)
File Number(s):	2020/129091; 2020/139511
Publication restriction:	Nil

1. Yousef Zreika you appeared before the Court on 27 April 2021 at which time you were arraigned on an indictment which contained four counts and, in relation to each count, you pleaded guilty.

2. However, at an earlier time, you had been committed for sentence from the Local Court in relation to those matters.

3. It was necessary for you to be arraigned on 27 April 2021 because of some perceived difficulties in the manner in which the court attendance notices had been processed in the Local Court.

4. I should say, Mr Zreika, that the manner in which that process was dealt with has caused considerable confusion and difficulties for the registry staff and my staff. Initially, for example, what is now count 1, consisted of sequences 4, 5, 6, 7, 8, all the way through to 38. When the matter was ultimately processed, sequence 4 contains all of those matters. The JusticeLink processing has been extremely difficult and time consuming. I can only encourage the parties to avoid such administrative nightmares for the Court in the future.

5. The indictment to which you pleaded guilty (as I say) contained four counts.

6. The first count on the indictment, which is otherwise known as sequence 4, alleged that, by deception, you dishonestly obtained a financial advantage from the Commonwealth of Australia. 

7. The second count on the indictment, which is otherwise known as sequence 39, alleged that by deception, you attempted to dishonestly obtain a financial advantage from the Commonwealth of Australia. 

8. The third count on the indictment, otherwise known as sequence 56, alleged that, by using false identities, you intended to dishonestly obtain a gain from the Commonwealth of Australia. 

9. Finally the fourth count on the indictment, otherwise known as sequence 73, alleged that you intentionally dishonestly obtaining a gain from the Commonwealth of Australia. 

10. The statutory provisions which are contravened by the four counts on the indictment are respectively: ss134.2(1), 11.1(1), 134.2(1), 135.1(1) and 135.1(1) of the Commonwealth Criminal Code. The maximum penalty for each offence is 10 years imprisonment.

11. In connection with…