Hassan v The King

[2024] VSCA 212

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Sentence
4. › Obtaining financial advantage by deception
5. › Whether sentencing judge erred in finding purchasers financially vulnerable
6. › Whether finding relevant to gravity of offending
7. › Crimes Act 1958 (Vic), s 82(1)
1. Criminal Law
2. › Appeal
3. › Sentence
4. › Obtaining financial advantage by deception
5. › Whether sentencing judge erred in finding applicant motivated by greed
6. › Relevance of motivation to moral culpability
1. Criminal Law
2. › Appeal
3. › Sentence
4. › Manifest excess
5. › Whether individual sentences, cumulation, total effective sentence and non-parole period manifestly excessive
6. › Sentencing Act 1991 (Vic), ss 6H(1)(c), 6I, 6J(1)
1. Criminal Law
2. › Sentencing
3. › Parity principle
4. › Consideration of sentences imposed on co-offenders in criminal enterprise
5. › Whether excessive weight attached to co-offender sentences

Quick Take

In sentencing for obtaining financial advantage by deception involving mortgage fraud, the financial vulnerability of purchasers who entered into 'Rent-to-Own' arrangements and whose loan applications were facilitated by fraudulent circumvention of bank valuation requirements is relevant to the gravity of the offending and the risk to which the lending institution was exposed. A sentencing judge may characterise the motivation of a wealthy offender who engaged in such conduct without financial need as greed, and this is relevant to moral culpability.