| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2024 0196 |
| BUNSIE SAKIPON | Applicant |
| v | |
| THE KING | Respondent |
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| JUDGES: | BEACH and KAYE JJA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 2 May 2025 |
| DATE OF JUDGMENT: | 6 May 2025 |
| MEDIUM NEUTRAL CITATION: | [2025] VSCA 93 |
| JUDGMENT APPEALED FROM: | [2024] VCC 1278 (Judge Dalziel) |
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CRIMINAL LAW – Sentence – Appeal – Obtaining financial advantage by deception (7 charges) and obtaining property by deception (4 charges) – Offending over 16 months, involving 10 victims – Total obtained, $110, 610 – Relevant criminal history – Pleas of guilty having significant utilitarian value – TES of 7 years and 7 months, with NPP of 6 years – Whether judge erred in concluding that applicant’s prospects of rehabilitation were poor – Manifest excess – Whether sentence manifestly excessive – No error in judge’s conclusion of poor prospects of rehabilitation – Sentence not manifestly excessive – Appeal dismissed.
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| Counsel | |||
| Applicant: | Mr P Kounnas | ||
| Respondent: | Ms E Ramsay | ||
Solicitors | |||
| Applicant: | Giorgianni & Liang | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
BEACH JA
KAYE JA:
On 9 August 2024, the applicant pleaded guilty in the County Court to seven charges of obtaining a financial advantage by deception[1] and four charges of obtaining property by deception.[2] On 21 August 2024, he was sentenced as follows:
[1]Contrary to s 82(1) of the Crimes Act 1958.
[2]Contrary to s 81(1) of the Crimes Act 1958.
| Charge | Offence | Amount obtained | Maximum | Sentence | Cumulation |
| 1 | Obtain financial advantage by deception | $14,720 | 10 years | 3 years | 1 year |
| 2 | Obtain property by deception | $16,000 | 10 years | 3 years | 1 year |
| 3 | Obtain financial advantage by deception | $47,400 | 10 years | 4 years | Base |
| 4 | Obtain financial advantage by deception | $3,200 | 10 years | 1 year | 3 months |
| 5 | Obtain financial advantage by deception | $850 | 10 years | 6 months | 1 month |
| 6 | Obtain financial advantage by deception | $7,670 | 10 years | 2 years | 4 months |
| 7 | Obtain property by deception | $3,170 | 10 years | 1 year | 2 months |
| 8 | Obtain property by deception | $900 | 10 years | 6 months | 1 month |
| 9 | Obtain property by deception | $8,000 | 10 years | 2 years | 3 months |
| 10 | Obtain financial advantage by deception | $3,700 | 10 years | 1 year | 2 months |
| 11 | Obtain financial advantage by deception | $5,000 | 10 years | 18 months | 3 months |
Total Effective Sentence: | 7 years and 7 months | ||||
Non-Parole Period: | 6 years | ||||
Pre-sentence detention declared: | 292 days | ||||
6AAA Declaration | 9 years, with non-parole period of 7 years and 6 months | ||||
The applicant now seeks leave to appeal against his sentence. His proposed grounds of appeal are as follows:
1.The judge erred by finding that the applicant’s prospects for rehabilitation are ‘poor’.
2.In all the circumstances, the individual sentences and orders for cumulation were productive of a total effective sentence and non-parole period that are manifestly excessive.
Circumstances of the offending
On 8 March 2011, the applicant was sentenced by Judge Chettle in the County Court to a term of imprisonment of 7 years, with a non-parole…
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- AGLC
- Sakipon v The King [2025] VSCA 93
- Case
- [2025] VSCA 93
- Decision Date
CaseChat Overview and Summary
The Court examined the nature of the offences, the total amount obtained, the relevant criminal history of the applicant, and the utilitarian value of the guilty pleas. The Court found no error in the judge's conclusion regarding the poor prospects of rehabilitation. The Court held that the judge was entitled to form this view based on the extensive offending history and the nature of the deceptions. The Court also found that the sentence was not manifestly excessive, considering the seriousness of the offending and the need for general deterrence.
The Court dismissed the appeal, upholding the sentence as appropriate. The judge's assessment of the prospects of rehabilitation and the overall sentence were deemed correct, reflecting the gravity of the offences and the need to protect the community.
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