R v David Miller;; R v Ibrahim OMAR. [2021] NSWDC 609

District Court New South Wales

Medium Neutral Citation: R v David Miller;; R v Ibrahim OMAR. [2021] NSWDC 609 Hearing dates: 16 July 2021; 23 July 2021; 11 August 2021; 31 August 2021; 9 September 2021; 14 October 21; 4 November 21; 9 November 21. Decision date: 09 November 2021 Jurisdiction: Criminal Before: NOMAN SC DCJ Decision: Miller: For the offence of adding and abetting, reduced by 25%: 18 months to date from 9 November 2021; For the conspiracy, reduced by 25%: 6 years and 2 months imprisonment to date from 9 May 2022. For both offences, there is a non-parole period of 4 years. The effective sentence is one of 6 years and 8 months with a non-parole period of 4 years. The offender is eligible for release to parole on 8 November 2025. Omar: For the conspiracy, reduced by 25%: 6 years imprisonment to date from 9 November 2021. There is a non-parole period of 3 years and 8 months. The offender is eligible for release to parole on 8 July 2025. Catchwords: SENTENCING – Conspiracy to defraud – aiding and abetting – imprisonment Legislation Cited: Criminal Code Act 1995 (Commonwealth); Crimes Act 1914 (Commonwealth) Category: Sentence Parties: Regina; David Miller; Ibrahim Omar. Representation: Solicitors: Mr Farah (Crown) Mr Hajjar (Defence) File Number(s): 2019/54285; 2019/218892 Publication restriction: Non-publication order in relation to XY – as per orders of A/Judge Armitage 2.11.20

Judgment 1. The offenders David Miller ['Miller'], aka Mohammad Omar, and Ibrahim Omar ['Omar'] come before the court for sentence on Commonwealth offences. 2. Both are charged with an offence of conspiracy to defraud. They are charged with conspiring with each other and XY and diverse others. This offence is contrary to s.135.4[1] of the Criminal Code which provides a maximum penalty of 10 years imprisonment. 3. XY pleaded guilty to two offences under this provision. After plea negotiations by these offenders the conduct previously reflected in two charges was incorporated into a sole count. The whole criminality is now reflected in this sole count covering the period 15 January 2017 to 31 December 2017. The entering of pleas, albeit to a strong Crown case, was of considerable utilitarian value as it avoided a lengthy trial and associated inconvenience to witnesses. Miller entered his plea on arraignment in this Court and Omar entered his plea in the Local Court. The timing of the pleas and the different utilitarian benefits will normally be reflected in the different reduction accorded to each. However, the prosecution accepted that the offering and acceptance of the sole count was at the earliest opportunity. I shall reduce each sentence by 25%. 4. Miller pleaded guilty in the Local Court to additional but separate conduct reflected in an offence of between 9- 14 August 2016 aiding and abetting a named employee to deal with the proceeds of crime. This offence is contrary to s 11.2[1] and s.400.9 of the Criminal Code which provides a maximum penalty of 3 years imprisonment. The sentence will be reduced by 25%. 5. There has been a delay in commencing proceedings and finalising the court proceedings. The delay in investigating is explicable given the nature of fraud and hiding behind companies and front people. Both offenders were on notice that the operation was discovered and that their involvement may be detected. There was uncertainty. It requires only the most limited of amelioration to sentence.