R v Baydoun [2020] NSWDC 669

District Court New South Wales

Medium Neutral Citation: R v Baydoun [2020] NSWDC 669 Hearing dates: 23 and 30 October; 4 November 2020 Decision date: 04 November 2020 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: (1) The Offender is convicted. (2) He is to serve a non-parole period of 2 years and 3 months imprisonment, commencing 21 July 2020 and expiring on 20 October 2022. (3) Thereafter the Offender is to serve an additional term of 1 year and 3 months imprisonment commencing 21 October 2022 and expiring on 20 January 2024 during which he shall be eligible to be released on parole. (4) The head term is one of 3 years and 6 months and the earliest release date is 20 October 2022. (5) The Offender is to be referred to the Drug Court to assess his eligibility to be placed in the Compulsory Drug Treatment Program. Catchwords: CRIME – By deception dishonestly obtain a financial advantage – 30 different victims over period of around 7 months SENTENCING – Degree of planning, sophistication and organisation – Somewhat reduced moral culpability – At about the mid-range of objective seriousness – Plea of guilty – 25% discount – Remorse – Offending committed while Offender on conditional liberty – No issue of parity – History of substance and gambling abuse – Guarded but hopeful prospects of rehabilitation – Medium risk of re-offending – Imposition of term of imprisonment – Referral to Compulsory Drug Treatment Program Legislation Cited: Crimes Act 1900 (NSW), s 192E(1)(b) Crimes (Administration of Sentences) Act 1999 (NSW), Part 4A Crimes (Administration of Sentences) Regulation 2014 (NSW), Part 12 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 5, 21A Drug Courts Act 1998 (NSW), s 18B Cases Cited: R v Borkowski (2009) 195 A Crim R 1; [2009] NSWCCA 102. R v Fiordelli [2020] NSWDC 154 R v Thomson and Houlton (2000) 49 NSWLR 383 Category: Sentence Parties: Regina (Crown) Shady Baydoun (Offender) Representation: Counsel: Mr G. James QC (Offender)