R v Sallam [2022] NSWDC 191

District Court New South Wales

Medium Neutral Citation: R v Sallam [2022] NSWDC 191 Hearing dates: 22 April 2022 Date of orders: 28 April 2022 Decision date: 28 April 2022 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Specify an aggregate sentence of imprisonment of 3 years 4 months with a non-parole period of 2 years Catchwords: CRIME — Fraud — Dishonestly obtain financial advantage by deception SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences Legislation Cited: Crimes Act 1900 Crimes Act 1914 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Edelbi v R [2021] NSWCCA 122 Hampton v R [2014] NSWCCA 313 Imbornone v R [2017] NSWCCA 144 R v Niass (NSWCCA, 16 November 1988 unreported) R v Robert Borkowski [2009] NSWCCA 102 Ridley v R [2008] NSWCCA 324 Tepania v R [2018] NSWCCA 247 Totaan v R [2022] NSWCCA 75 Category: Sentence Parties: Regina (Crown) Mohammad Ali Mahmoud Sallam (offender) Representation: Rosheehan O'Meagher (Crown Prosecutor) David Price (Counsel for the offender)

Office of the Director of Public Prosecutions (Crown) File Number(s): 2017/00285933 & 2015/00000238

REVISED EX TEMPORE JudgEment

INTRODUCTION 1. Mohammad Ali, family name Sallam, appears for sentence on two charges. These are: Count 1: Between 26 January 2015 and 28 March 2017 at Bankstown in the State of New South Wales, he participated in a criminal group, knowing that he was participating in a criminal group, and knowing that his participation contributed to the occurrence of criminal activity: s 93T1(1) Crimes Act 1900. Count 2: On 19 May 2015 at Bankstown in the State of New South Wales he made a false document, namely a report purportedly from Dr Medhat Guirgis, with the intention that he or someone else would use it to induce a person to accept it as genuine, and thereby obtain a financial advantage, namely a payout of compulsory third party insurance claim in the name of Noura Bader: s 253(b)(ii) Crimes Act 1900. 1. The offender asks that when sentence is determined upon count 2, that the Court consider an additional offence of making a false document to obtain a financial advantage between May 13 and May 19, 2015, pursuant to the provisions in Part 3 Div. 3 Crimes (Sentencing Procedure) Act 1999. He confirmed his wish that this offence be so considered and admitted that he is guilty of it.