R v Abas [2023] NSWDC 548

District Court New South Wales

Medium Neutral Citation: R v Abas [2023] NSWDC 548 Hearing dates: 24 July 2023 Date of orders: 24 July 2023 Decision date: 24 July 2023 Jurisdiction: Criminal Before: Neilson DCJ Decision: See pars [60]-[62]. Catchwords: CRIME – SENTENCE – Defrauding Service NSW during COVID-19 Pandemic – Part of criminal groups making bogus claims for business support grants. Legislation Cited: Crimes Act 1900 Cases Cited: Nil. Texts Cited: Nil. Category: Sentence Parties: Crown – R (NSW) Offender – Adam Abas Representation: Counsel: Crown – Fay, I. Offender – Goodsell, L.

Solicitors: Crown – Office of the Director of Public Prosecutions. Offender – Jeresyn Legal. File Number(s): 2022/00112691 Publication restriction: Nil.

Judgment

Charges 1. HIS HONOUR: Adam Abas stands for sentence as a consequence of pleading guilty to two substantive charges, and he has also asked me to take into account on a Form 1 three further offences which he admitted that he committed. The first of the two offences for which he stands for sentence is known as Sequence 3. That is an offence contrary to s 192E(1)(b) of the Crimes Act 1900. It can be shortly described as dishonestly causing financial disadvantage by deception. The maximum penalty with that offence is imprisonment for ten years. There is no standard non-parole period. 2. The second substantive offence for which the offender stands for sentence is known as Sequence 6. That is an offence contrary to s 192G(b) of the Crimes Act 1900. The offence can be shortly described as dishonestly making a false statement with intent to cause financial disadvantage. The maximum penalty for that offence is imprisonment for five years. 3. On the Form 1 to be dealt with in connection with the Sequence 3 offence is, firstly, the offence known as Sequence 1, an offence contrary to s 93T(1) of the Crimes Act 1900 which can be shortly described as participating in a criminal group. The maximum penalty for that offence is imprisonment for five years. The offender also asked me to take into account on the Form 1 the crimes known as Sequence 4 and Sequence 5, again, dishonestly causing financial disadvantage by deception, further offences contrary to s 192E(b) of the Crimes Act 1900.