R v Tham [2019] NSWDC 766

District Court New South Wales

Medium Neutral Citation: R v Tham [2019] NSWDC 766 Hearing dates: 21 October 2019 Date of orders: 08 November 2019 Decision date: 08 November 2019 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Term of imprisonment of 6 years 9 months with a single non-parole period of 4 years Catchwords: CRIME — Fraud — Victim a Commonwealth entity SENTENCING — Penalties — Imprisonment Legislation Cited: Australian Passports Act 2005 Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 Criminal Code of the Commonwealth Cases Cited: Jinde Huang aka Wei Liu v R [2018] NSWCCA 70 R v Knip [2017] SASFC 34 Xiao v Queen [2018] NSWCCA 4 Category: Sentence Parties: Regina (Crown) Kwok Wah Tham (Offender) Representation: Mr Pruscino (Commonwealth DPP) Ms Carr (counsel) (Offender) File Number(s): 2018/00323189

EX TEMPORE REVISED JUDGEMENT

INTRODUCTION 1. Kwok Wah Tham was before me on 21 October 2019 when he adhered to his pleas of guilty before then entered in the Local Court to four offences, the particulars of which are as set forth in amended court attendance notices, copies of which were provided to me.

THE OFFENCES 1. The first offence is of dishonestly obtaining an Australian travel document, namely an Australian passport XXX200, contrary to s 35 Australian Passports Act 2005. The maximum penalty specified is imprisonment for ten years. The particulars of the charge are that the offender from 11 August 2016 to between about 30 March 2017 and 6 April 2017 Simon Man-Lee born 29 November 1944 also known as Kwok Wah Tham born 7 October 1943, in the State of New South Wales fraudulently obtained Australian passport number XXX200 issued in the name of Simon Man-Lee contrary to s 35 Australian Passports Act 2005. This appears as sequence 3 in the series H609001536. 2. The second offence is an offence of making a false or misleading statement in relation to Australian travel documents, specifically Australia passport application XXX000F. This offence is contrary to s 29 Australian Passports Act 2005 for which the maximum penalty is imprisonment for ten years. It is sequence 9 in the same series. The particulars of this charge are that from 23 October 2008 Kwok Wah Tham born 7 October 1943 in the State of New South Wales fraudulently used the identity of Simon Man-Lee born 29 November 1944 to make a false or misleading statement in connection with Australian travel document number XXX000F, in the name of Simon Man-Lee, contrary to s 29 Australian Passports Act 2005. 3. Sequence 4 in the same series is contrary to s 134.2 (1) Criminal Code of the Commonwealth. This is an offence of obtaining financial advantage by deception, namely, the sum of $61,985.48. The maximum penalty for this offence is imprisonment for ten years. The particulars of this offence are that between 29 September 2015 and 19 September 2018 Simon Man-Lee born 29 November 1944 also known as Kwok Wah Tham born 7 October 1943, in the State of New South Wales fraudulently used the identity of Simon Man-Lee born 29 November 1944 to dishonestly obtain a financial advantage from a Commonwealth entity by deception by obtaining payments of age pension contrary to s 134.2 (1) Criminal Code. 4. The fourth offence is sequence 10; this is an offence of obtaining a financial advantage by deception contrary to the same provision and carrying the same maximum penalty. In this case the amount is $41,887.74. The particulars are that between 4 September 2006 and 1 December 2009 Simon Man-Lee born 29 November 1944 also known as Kwok Wah Tham born 7 October 1943, in the State of New South Wales fraudulently used the identity of Simon Man-Lee born 29 November 1944 to dishonestly obtain a financial advantage from a Commonwealth entity by deception by obtaining payments of Newstart allowance contrary to s 134.2 (1) Criminal Code.