R v Vongsaytham [2019] NSWDC 65

District Court New South Wales

Medium Neutral Citation: R v Vongsaytham [2019] NSWDC 65 Hearing dates: 31 January 2019 Decision date: 08 February 2019 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted on each count. Special circumstances found – 1st significant period in custody, family circumstances, need for an extended period on parole to assist with rehabilitation in the community. Indicative sentences: On each count: 23 months' imprisonment Aggregate sentence: Sentenced to a total term of imprisonment for 3 years and 9 months, comprising of a NPP of 2 years and 3 months to commence on 13/12/18 and to expire on 12/3/21, and a balance of term of 1 year and 6 months to commence on 13/3/21 and to expire on 12/9/22 Catchwords: CRIMINAL – sentence - using false instrument with the intention of it being accepted by another person to their prejudice - nine fraudulent loan applications between 2004 and 2005 – overstatement of borrower's financial position - using loan application forms containing false information, and used false and forged documents in support, such as false payslips, PAYG summaries, ATO notices of assessment, bank statements and false identification documents such as Australian Citizenship Certificates and New South Wales driver's licenses – planned, deliberate and designed to defraud Adelaide Bank of significant sums of money - subjective matters Legislation Cited: Crimes Act 1900 Category: Sentence Parties: Regina Keophanthoyn Vongsaykham Representation: Counsel: Defence: Mr J Clarke