R v Abouchabake [2024] NSWDC 42

District Court New South Wales

Medium Neutral Citation: R v Abouchabake [2024] NSWDC 42 Hearing dates: 22 February 2024 Date of orders: 1 March 2024 Decision date: 01 March 2024 Jurisdiction: Criminal Before: Newlinds SC DCJ Decision: See [74-77] Catchwords: CRIME – Bankruptcy Act offences – disposing of assets with intent – defraud creditors – purpose of bankruptcy regime – general deterrence – important for public confidence in bankruptcy law – first offence – strong subjective case Legislation Cited: Bankruptcy Act 1966 (Cth) Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Judiciary Act 1903 (Cth) Cases Cited: DPP (Cth) v Thomas [2016] VSCA 237 Hili v The Queen (2010) 242 CLR 520 JM v R [2014] NSWCCA 297 Paragalli v R [2006] NSWCCA 87 R v Bibaoui [1997] 2 VR 600 Stipkovich v R [2018] WASCA 63 Weininger v R (2003) 212 CLR 629 Xiao v The Queen [2018] NSWCCA 4 Category: Sentence Parties: Commonwealth Director of Public Prosecutions (Crown) Joseph Abouchabake (Offender) Representation: Mr L Fomiatti, solicitor (Crown) Mr R Hanrahan, counsel (Offender) File Number(s): 2022/221356

JUDGMENT

INTRODUCTION

The charges 1. The offender has pleaded guilty to and is to be sentenced for the following offences: Count Offence Description Maximum penalty 1 Section 266(3), Between 9 May and 11 October 2018, the offender disposed of $567,041 with intent to defraud creditors within 12 months of presentation of a petition for bankruptcy 5 years imprisonment and/or 300 penalty units Bankruptcy Act 1966 (Cth) 2 Section 266(3), Between 7 October and 27 November 2018, the offender disposed of $20,500 with intent to defraud creditors within 12 months of presentation of a petition for bankruptcy 5 years imprisonment and/or 300 penalty units Bankruptcy Act 1966 (Cth) Section Section 267(2) 16BA Bankruptcy Act 1966 (Cth) On 26 November 2018, the offender knowingly made a false declaration in a statement of affairs 12 months imprisonment and/or 60 penalty units schedule