R v Dinh [2022] NSWDC 716

District Court New South Wales

Medium Neutral Citation: R v Dinh [2022] NSWDC 716 Hearing dates: 14 December 2022 Date of orders: 16 December 2022 Decision date: 16 December 2022 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Impose an aggregate sentence of three years and two months with an aggregate non-parole period of one year and seven months. The sentence commences 16 December 2022 and expires on 15 February 2026. The non-parole period expires on 15 July 2024. Catchwords: CRIME – Fraud – Dishonestly cause financial disadvantage by deception – Solicitor – Trust account fraud SENTENCING – Aggravating factors – Abuse of position of trust or authority in relation to victim – Solicitor Legislation Cited: Crimes Act 1914 (NSW), s 192E(1)(b) Category: Sentence Parties: Director of Public Prosecutions (Crown)

Thi To Ngoc Dinh (Offender) Representation: Counsel:

Mr Tunks (Crown)

Mr Khan (Offender) File Number(s): 2020/00279237

SENTENCE

Introduction 1. The offender stands to be sentenced having pleaded guilty to the following offences: The first is that knowing that her co-offender Dung Kwok Vo between 19 November and 29 November 2019 at Cabramatta had by deception caused Terrence Vuong a financial disadvantage, by deceiving Terrence Vuong to place $22,117 in the Vo Lawyers Trust account, the offender between 21 November and 29 November 2019 assisted Dug Kwok Vo. In other words the offender was an accessory after the fact to Vo's offence. That is an offence under s 192E(1)(b) of the Crimes Act and has a maximum penalty of five years imprisonment as it an accessory offence. 2. There is a second offence: between 22 January and 14 February 2020 at Cabramatta the offender did by deception, dishonestly receive $1,572,896.08 from Colin Nguyen and Thi Thuy Phuong Tran, causing them a financial disadvantage, namely the loss of $1,572,896.08. That is an offence under s 192E(1)(b) of the Crimes Act and has a maximum penalty of ten years imprisonment. 3. There is no applicable standard non-parole period in relation to either offence. When sentencing the offender on count 2, she acknowledges her guilt in relation to a further offence which is on a Form 1, of dishonestly causing a financial advantage by deception and asks that I take that into account when imposing sentence on that count. 4. The facts are agreed and are quite lengthy and the following is taken from the agreed facts: