R v Baraket [2023] NSWDC 455

District Court New South Wales

Medium Neutral Citation: R v Baraket [2023] NSWDC 455 Hearing dates: 13 September 2023 Date of orders: 26 October 2023 Decision date: 26 October 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Richard Baraket is convicted. 2 I impose an aggregate term of imprisonment of 2 years and 6 months. 3 Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (26 October 2023) and expire on 25 April 2026. 4 The offender must report to the Sutherland Community Corrections Office on or before 4pm on 2 November 2023. 5 The standard conditions of the order apply: (a) the offender must not commit any offence; and (b) the offender must submit to supervision by a Community Corrections Officer. 6 The following additional conditions apply: (a) the offender must abstain from taking all restricted or prohibited drugs, except those prescribed by a medical practitioner; (b) the offender must receive treatment for his mental health as reasonably directed by Community Corrections; (c) the offender must receive treatment for drug rehabilitation as reasonably directed by Community Corrections; and (d) the offender must complete 120 hours of community service. Catchwords: CRIME – Fraud - make a false claim with intent to defraud Legislation Cited: Bankruptcy Act 1966 (Cth) Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 Cases Cited: Hili v The Queen (2010) 242 CLR 520 Johnson v The Queen (2004) 78 ALJR 616 Mandranis v R [2021] NSWCCA 97 R v El Karhani (1990) 21 NSWLR 370 R v Olbrich (1999) 199 CLR 270 R v Zamagias [2002] NSWCA 17 Category: Sentence Parties: Rex (Crown) Richard Baraket (Offender) Representation: Counsel: M Preece (Offender)