R v Jagjit Singh [2020] NSWDC 242

District Court New South Wales

Medium Neutral Citation: R v Jagjit Singh [2020] NSWDC 242 Hearing dates: 24 April 2020, 30 April 2020 Decision date: 08 May 2020 Jurisdiction: Criminal Before: Yehia SC DCJ Decision: The offender is convicted in respect of Counts 1 and 2. Taking into account a 10% reduction in sentence for the utilitarian value of the plea of guilty, I set out the following indicative sentences:

Count 1: Taking into account the offence on the s 16BA schedule, the offender is sentenced to imprisonment for 2 years.

Count 2: Taking into account the offence on the s 16BA Schedule, the offender is sentenced to imprisonment for 2 years 6 months.

Pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW), the offender is sentenced to an aggregate term of imprisonment of 3 years.

The offender is to be released forthwith upon entering a recognisance himself in the sum of $1000, pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth), with the condition that he be of good behaviour for a period of 3 years commencing today. Catchwords: CRIME – arranging a marriage with the intention of assisting another to obtain a stay visa by satisfying the criteria of the visa because of the marriage

SENTENCING – whether the prosecution had established that the offender was motivated by a desire to obtain a financial benefit – onus on the prosecution to prove an aggravating factor beyond reasonable doubt – weight to be given to general deterrence where a person is conducting a business as an arranger of false marriages

SENTENCING – whether a term of full-time imprisonment is the only available option in circumstances where there has been unexplained delay on the part of investigating authorities – delay which is not attributable to the offender may constitute a powerful mitigating factor Legislation Cited: Crimes Act 1914 (Cth), s 16A(2) Migration Act 1958 (Cth), s 240(1) Cases Cited: Asfoor v The Queen [2005] WASCA 126 DPP (Cth) v Beattie [2017] NSWCCA 301 Markarian v The Queen (2005) 228 CLR 357 Mill v The Queen (1988) 166 CLR 59 R v Fahda [1999] NSWCCA 267 R v McLean [2001] NSWCCA 58 R v Miranda [2002] NSWCCA 89 R v Todd (1982) 2 NSWLR 517 Category: Sentence Parties: Commonwealth Director of Public Prosecutions Jagjit Singh Representation: Counsel: A McGrath D A Marr