R (Cth) v Nadim Derbasi [2018] NSWDC 79

District Court New South Wales

Medium Neutral Citation: R (Cth) v Nadim Derbasi [2018] NSWDC 79 Hearing dates: 2 February 2018 Date of orders: 16 February 2018 Decision date: 16 February 2018 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1 The offender is convicted 2 I am satisfied that the appropriate terms of imprisonment when partially accumulated will be for a period of no more than 2 years. 3 The offender is referred for assessment as to his suitability for an intensive correction order as a means of serving the sentence. 4 The sentence proceedings are adjourned part heard before me to 9 April 2018. Catchwords: CRIMINAL LAW – Commonwealth offence – plea of guilty – attempt to obtain financial advantage by deception – lodging false business activity statements – knowingly convey false information – joint criminal enterprise SENTENCE – mitigating factors – aggravating factors – contrition – remorse – appropriate penalty - imprisonment – no alternative to imprisonment – Intensive Corrections Order – suitability SENTENCE PRINCIPLES – utilitarian value of plea - disputed facts – factual findings – evidence of offender – subjective matters – objective seriousness – general deterrence – specific deterrence – background of offender – psychological diagnosis Legislation Cited: Crimes Act 1914 (Cth) ss.16A(1), 16A(2), 17(1), 20AB Crimes Regulations 1990 (Cth) s.6 Criminal Code (Cth) ss.11.1 and 134.2(1) Cases Cited: Cameron v The Queen (2002) 209 CLR 339 Johnson v The Queen (2004) 78 ALJR 616 R v El Karhani (1990) 21 NSWLR 370 Category: Sentence Parties: Regina (Cth) (Crown) Nadim Derbasi (Offender) Representation: Counsel: Mr G Brady SC (Offender)