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R v Baraket [2023] NSWDC 455

See full judgment: Austlii.

The offender was sentenced following pleas of guilty to 8 counts of making false claims in proceedings with intent to defraud contrary to s 263(1)(d)(i) of the Bankruptcy Act 1966 (Cth).

Nature and Circumstances: Offender falsified payslips and made false representations to avoid paying their agreed contribution from their pay to their bankrupt estate. By falsely claiming the value of commissions, offender prevented the contribution of $91,158.42. Offender has repaid the required contribution. The offences involved some planning and were premeditated, but were not sophisticated and were easily detected.

Mental Condition: Offender has suffered from hypo-manic symptoms of an undiagnosed mental health impairment, leading to increased risk-taking behaviours and poor judgement, and has relied on cocaine use as a maladaptive coping strategy. There is a causal connection between offender’s risk aversion and poor judgment to their offences. In all the circumstances, their mental condition has reduced offender’s moral culpability to some extent.

Rehabilitation: Offender presents a low risk of reoffending. Offender has accepted responsibility for their actions, repaid the money and expressed remorse. THey are genuinely contrite. Offender has good prospects of rehabilitation. Offender has good insight into the contribution that their drug use has made to their poor choices, has ongoing employment and stable accommodation provided by a loving and supportive family. Offender requires treatment for both mental conditions and substance use to eliminate any risk of reoffending.

Offender sentenced to 2 years imprisonment to be served by way of an intensive corrections order.

The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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