R v Rasavong [2018] NSWLC 5

Local Court New South Wales

Medium Neutral Citation: R v Rasavong [2018] NSWLC 5 Hearing dates: 18 April 2018 Decision date: 30 May 2018 Jurisdiction: Criminal Before: Judge Graeme Henson, Chief Magistrate Decision: The offender is sentenced to a term of imprisonment of 24 months to commence on 30 May 2018 and expiring on 29 May 2020 with a non-parole period of 15 months. The offender is to be released to parole on 29 August 2019. Catchwords: CRIMINAL LAW – Sentence – Dishonestly obtain financial advantage by deception - relevant factors – prior history criminal offending – abuse of position of trust – offence involved a degree of planning – committed for financial gain - defendant diagnosed with substance abuse disorder, addictive disorder, and adjustment disorder – impact on former employer – discount for utilitarian value of guilty plea – no other sentence other than imprisonment appropriate – appropriate sentence exceeds jurisdictional limit - effectively removes alternatives to full-time imprisonment from consideration - fact Court determined a sentence beyond the general applicability of alternatives but is constrained by the jurisdictional limit does not re-activate their respective applicability - not appropriate to adjust sentence to bring within parameters of a legislative option if conduct and circumstances would not otherwise justify such an outcome – special circumstances – compensation for loss Legislation Cited: Crimes Act 1900 (NSW) s 192E(1)(b), 192E(3) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 5, 21A(2), 21A(3)(h), 44(2), 68(1) Cases Cited: Kelsall v R [2017] NSWCCA 240 R v Carr [2002] NSWCCA 434 R v Doan (2000) 50 NSWLR 115. R v Mato; R v Rusu (1999) 109 A Crim R 121 R v Mungomery (2004) 151 A Crim R 376 R v Pantano (1990) 49 A Crim R 328 R v Pont (2000) 121 A Crim R 302 R v Thomson; R v Houlten (2000) 49 NSWLR 383 R v Yildiz (2006) 160 A Crim R 218 R v Zamagias [2002] NSWCCA 17 Category: Sentence Parties: NSW Police (prosecution) Billie Joe Rasavong (defendant) Representation: Sgt Phillipson, NSW Police Prosecutors (for the prosecution)