aggregate jail sentence

The applicant’s senior counsel on the hearing of the appeal contended that the applicant’s personality disorder necessarily reduced the objective gravity of the offences. The real estate that Ms Subramaniam bought remained unoccupied, except for one case where a person was permitted to stay rent-free. The question whether the applicant’s mental condition is a factor in the assessment of the objective gravity of the offences is a vexed one. During this period of time she felt humiliated and shamed and became immensely depressed. Claim: As a result of his conviction of murder and manslaughter in George Floyd's death, former Minneapolis police officer Derek Chauvin will spend the rest of his life in prison. (b) The transfer to ING of properties in Waitara and Wahroonga in which the applicant held an interest which was unrelated to her offending. The overall sentence will be 15 years’ imprisonment, but with a non-parole period of seven years. Aggregate Sentence: Two or more consecutive sentences that have been combined, in which the aggregate minimum term is the sum of all consecutive minimum terms and the maximum term is the sum of all consecutive maximum terms. (2) A court that imposes an aggregate sentence of imprisonment under this section on an offender must indicate to the offender, and make a record of, the following: (a) the fact that an aggregate sentence is being imposed, (b) the sentence that would have been imposed for each offence (after taking into account such matters as are relevant under Part 3 or any other provision of this Act) had separate sentences been imposed instead of an aggregate sentence. The total expenditure over the five-year period amounted to $45,388,249.00. Cloudflare Ray ID: 6515e5f10b3e5e68 Further, I agree that Ms Subramaniam’s prospects of rehabilitation are good and that little purpose would be served by a sentence that reflected personal deterrence. Please enable Cookies and reload the page. The parole eligibility date for house of correction inmates shall be ½ of the total aggregate term of incarceration or two years, The money laundering offences each carry a maximum penalty of 15 years’ imprisonment. Finally, I agree with the grouping of offences proposed by Latham J. (i) Six of the obtain benefit by deception offences that resulted in an amount of $2,096,000.00 being paid into an ANZ account. If you or a loved one is facing criminal charges, call 0410 689 843 for a free phone consultation. Dr Allnutt confirmed that he considered schizo typal personality traits as a possibility given her description of her experiences with certain religious people that she met. In addition, the offences represented by (vi) do not sit easily with one another or with the remaining offences in each of the other five groups. According to Dr Allnutt’s evidence during the sentencing proceedings, there was on the balance of probabilities a causal relationship between the applicant’s personality disorder and the offending. (a) The execution of Powers of Attorney and transfers in relation to the properties and jewellery purchased by the applicant. She engaged in deceptive conduct over a long period and the amounts involved were very substantial. An aggregate sentence must nonetheless reflect the totality of the offending behaviour: Burgess v R [2019] NSWCCA 13 at [40]. After her arrest the applicant entered into a deed of arrangement with ING as to the transfer of the properties and the sale of the seized items. Nevada State law has truth in sentencing where a defendant sentenced to prison is not sentenced to a specific number of years; instead, Nevada judges will sentence a prisoner to … That signifies criminality of a very high order. A sentence of 3 years and 9 months’ imprisonment ought be imposed for each of these offences, wholly concurrent with each other. I agree with Latham J, for the reasons given by her Honour, that an aggregate non-parole period of 6 years, to date from 4 October 2009, with a balance of 5 years expiring on 3 October 2020, is the appropriate sentence. The three money laundering offences relate to the purchase of real estate. In my opinion, it would be appropriate to make sentences concerning each bank account partly concurrent and partly cumulative and to make each group of offences partly concurrent and partly cumulative. (3) Subsection (2) does not limit any requirement that a court has, apart from that subsection, to record the reasons for its decisions. They would call her at work and she would go downstairs to meet them. The sentencing judge in the instant case failed to adhere to this approach, despite adverting to the totality principle. She said that they included Sheiks who wore turbans and who were gurus. § 97-37-37.) If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. Loss is these cases is the aggregate dollar amount of fraudulent bills submitted to the Government health care program unless rebutted. {¶ 10} Hairston appealed to the Tenth District Court of Appeals, arguing, inter alia, that the aggregate sentence constitutes cruel and unusual punishment. Concurrent and consecutive terms of imprisonment. The criminality inherent in the money laundering offences significantly overlapped with the criminality represented by the offences in (ii) and (v). Sequences 13, 17, 19 and 37 each involved the fraudulent transfer of amounts ranging between $1 million and $2 million. In relation to the applicant’s interactions with the Indian men, Dr Allnutt thought that they could be pseudo-psychotic symptoms derived from her personality disorder, or a transient psychotic episode or an actual experience of individuals that the applicant met and “misperceived”, or that they were a fabrication on her part. 43. The transfer of the interest in the properties unrelated to the offending deprived the applicant and her husband of investment properties. Ms Subramaniam entered into a deed of arrangement with ING concerning transfer of the real estate to ING and the sale of the seized items. The applicant was examined a number of times by Drs Westmore and Allnutt. A total of about $7 million was obtained by the applicant from these offences. Ultimately the trial court sentenced Oliver to 2 years in prison on each of the 16 second degree felonies, and 11 months in prison on each of the fifth degree felonies. You can then decide if you want to hire Geoff for more substantial work, such as arguing your case in court. In. Most of the luxury goods purchased by the applicant were found under the applicant’s desk, wrapped and unused, in storage boxes. While there is a degree of arbitrariness involved in identifying separate groups of offences, the following groupings adopted by Latham J are clearly appropriate: 13 transfers of less than $1,000,000 totalling $3,000,000; 4 transfers ranging from $1,000,000 to $2,000,000, totalling $7,000,000; 3 transfers ranging from $2,000,000 to $5,000,000, totalling $10,500,000; 2 transfers ranging from $5,000,000 to less than $8,000,000, totalling $13,500,000; and. The Crown took no issue with a finding of special circumstances. The applicant assisted ING in their investigations to the fullest extent. However, in doing so the court has to indicate not only that an aggregate sentence is to be imposed but also sentences that would have been imposed for each individual offence. Some of the purchased items had been given as gifts to shop assistants, particularly at Paspaley where the applicant was well known. Ms Subramaniam was subsequently charged with the 26 offences and on 23 June 2011 entered a plea of guilty to all of the offences charged. The sentence imposed on 10 February 2012 is quashed. She initially supervised four staff, which was later reduced to two. (Miss. (2) The Court may impose an aggregate sentence of detention in respect of those offences in place of a separate sentence of detention in respect of all or any 2 or more of them. In about 2006 the applicant’s husband left ING to work for a subsidiary company in North Sydney. To that extent, it is not entirely accurate to say that there was no more that the applicant could have done to make restitution. Her husband suggested that she consult a psychologist in Macquarie Street. (4) The term, and any non-parole period, set under this Division in relation to an aggregate sentence of imprisonment is not revoked or varied by a later sentence of imprisonment that the same or some other court subsequently imposes in relation to another offence. The applicant was employed for 20 years with ING Holdings Australia Ltd as a senior financial accountant. Thus, the money laundering offences came within the type of “highly technical” category of this offence that was identified by Howie J (Campbell JA and Rothman J agreeing) in. When her husband left the position of senior financial accountant the applicant took that position in 2006. I also agree that Ms Subramaniam is entitled to a discount of 25% in recognition of her early pleas of guilty and that her extensive cooperation with the authorities indicates the extent of her remorse and contrition. However, the applicant’s remorse and contrition are genuine and complete. There was also no violation of Crim.R. The aggregate sentence is the basis for calculating parole eligibility in most cases. In fact, the applicant’s husband, the applicant and the senior manager (who was a close friend of the applicant’s husband) previously engaged in group sexual activity during the applicant’s husband’s employment at ING. The offences in (ii) and (v) consisted of the fraudulent transfer of funds from ING accounts to the St George Bank and to three trust accounts, all relating to the purchase of properties, the subject of the money laundering offences. According to the applicant, her senior manager’s attitude towards the department, the applicant’s work and that of her staff engendered in her a high degree of stress. Sexual activity between the applicant and the senior manger continued after the applicant’s husband left the company, unbeknown to him. She made no real attempt to disguise the transactions whereby she deposited staggering amounts of money into her own accounts ; she repeatedly purchased the most expensive jewellery and luxury goods from the same retailers and provided them with her work email address ; she made no attempt to use or derive income from any of the property she purchased ; none of the items purchased were used by her, other than as gifts to virtually casual acquaintances ; the “gift” of $1.3 million to a shop assistant was, in itself, peculiar. Very large sums of money were transferred into various accounts in her own name or to retailers who were provided by the applicant with her e-mail address at her place of employment. Eight properties were purchased in the applicant’s name or in her maiden name to the combined value of $17 million. Against legal advice, she made admissions on the date of her arrest. One who does try to return could face a federal prison sentence of up to 20 years. The one property which was occupied was provided by the applicant rent-free. The §3553(a) factors are used to set both the length of separate prison terms, §3582(a), and an aggregate prison term comprising separate sentences for multiple counts of conviction, §3584(b). sentenced to aggregate term of imprisonment of five years or more is ineligible for relief of withholding of removal) and INA § 212(a)(2)(B), 8 U.S.C. As set out below a court can impose an aggregate sentence where there are multiple offences. (see Henschel.) Sponaugle ordered his sentence to be served consecutively with the July sentence for a total aggregate sentence of 16 ½ to 33 years. Call 0410 689 843 to Talk About Your Legal Problems Today. It is not suggested that these demands were directly linked to the applicant’s escalating frauds after 2004. The only contentious aspect was the extent to which the sentence ought be ameliorated to take account of that factor. Consecutive Sentence: A sentence to be served immediately following the termination or completion of another sentence. Taking all of these matters into account, I propose the following orders. “Mr. The sentencing remarks reveal that the judge grouped the offences by reference to the bank accounts into which the funds were paid. 1005-8-4) Sec. For example, if the parolee is serving a two-year DC Code sentence and a three-year U.S. Code sentence, the DC sentence is two fifths, or 40 percent, of the aggregate sentence (five years). An inmate serving a house of correction sentence or total aggregate sentence of 60 days or more shall be eligible for parole. Code, § 1168, subd. All goods and property that have been located have been seized by ING. Located in Sydney. The applicant was “likely manifesting depressive symptoms of variable severity during the period of the offending.” Otherwise, the applicant did not manifest any major medical problems. I have read in draft form the reasons of Latham J. I agree with her Honour’s conclusion that, in the circumstances of this case referred to by her Honour, Ms Subramaniam’s moral culpability should be reduced moderately. When a state prison sentence is imposed under the DSL, the judge must select the low, middle or upper term for any particular count. INA §212 (a) (2) (B) - Section 212 (a) (2) (B) of the Act renders inadmissible any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more. Copyright © 2021. Traffic & Criminal Barrister with 20+ Years of Experience. It is not apparent from the sentencing remarks which group of offences represented by each of the six categories were either partially accumulated or made partially concurrent with any other group. Your IP: 104.254.130.74 the State argued for an aggregate prison sentence of at least 15 years, and the defense argued in mitigation for an aggregate prison sentence under 5 years. Bell’s aggregate sentence guarantees that he will die in prison,” Howard argued. Sequence 29 involved the fraudulent transfer of over $12 million. Sequences 8 to 12, 14 to 16, 21, 22, 24, 25 and 27 each involved the fraudulent transfer of amounts less than $1 million. This amount is reflected in the obtain benefit by deception offences. According to a psychologist, Anita Duffy, the applicant’s extravagant spending provided her with a sense of importance and self respect. Undecided is whether a life sentence because of GBI from a gun under Penal Code section 12022.53 qualifies as an indeterminate sentence. Notwithstanding any other provision of law, if a prisoner is sentenced pursuant to NRS 176.035 to serve two or more consecutive sentences, the terms of which have been aggregated: (a) The prisoner shall be deemed to be eligible for parole from all such sentences after serving the minimum aggregate term of imprisonment; and Performance & security by Cloudflare, Please complete the security check to access. In all, about $3 million was obtained by the applicant from these offences. (730 ILCS 5/5-8-4) (from Ch. The applicant’s submissions on sentence did not seek a quantified discount for her co-operation. That in itself does not necessarily contravene. I acknowledge what Price J said (Allsop JA and Campbell J agreeing) in. Her husband was ignorant of her offending. The most often overlooked aspect of the provision is subsection (2)(b). A sentence of 18 months’ imprisonment ought be imposed for each of these offences, with some partial accumulation resulting in an aggregate sentence of 2 years’ imprisonment for this group of offences. Over time they started asking for more money and the applicant felt threatened and intimidated by them. The applicant made full admissions against legal advice on the day of her arrest. Ms Subramaniam was arrested on 4 October 2009 and has been in custody since then. She felt as if their needs were greater than her own. I accept that the applicant and her husband will not enjoy the financial security they had planned, but they remain in possession of the family home. All of the goods and property the subject of the offences were seized by ING. (c) Assistance to ING in their investigations, including participating in interviews with ING and with investigators. Ask your questions or for legal help. The applicant claimed that the senior manager had sexual intercourse with her on a number of occasions and that she complied with his wishes because she was afraid that her husband would suffer if she did not. "Where a juvenile is sentenced for a nonmurder offense or offenses and the aggregate time to be served prior to parole eligibility exceeds that applicable to a juvenile convicted of murder, the sentence cannot be reconciled with art. One of these people received the sum of $1.3 million to assist her in the purchase of a property, whilst another received $240,000.00. County Jails were for those sentenced to only misdemeanor offenses, or those awaiting trial or sentencing on felony matters. That there was such a relationship was not disputed by the Crown. The applicant was born in Fiji of Indian parents on 15 May 1969. The applicant claimed that her behaviour was attributable to sexual abuse during her childhood and a degree of resentment that she harboured against certain people at work. General deterrence, retribution and denunciation have less significance because of the applicant’s personality disorder, although commensurate with the moderate reduction in the applicant’s moral culpability, there is still some scope for the sentence to reflect those principles. Website design, copywriting, logo, video, photography & internet marketing all by Michael Doring. She said that they would come 3 to 4 times a year but in different groups. Sequence 30 is a money laundering offence that diverted $5.1 million in September and October of 2009 towards the purchase of three properties at Kirribilli. (b) the sentence that would have been imposed for each offence (after taking into account such matters as are relevant under Part 3 or any other provision of this Act) had separate sentences been imposed instead of an aggregate sentence. (2) A court that imposes an aggregate sentence of imprisonment under this section on an offender must indicate to the offender, and make a record of, the following: (a) the fact that an aggregate sentence is being imposed. All the prison 5-8-4. Putting aside the offences under s 193B(2), his Honour described five groups. They had various names and she would sit with them for 5 to 10 minutes, talking. It is not possible to say whether that occurred or whether the sentence for the offences in (vi) added materially to the sentence for group (ii) and/or (v). The longevity of her conduct and the amount of money fraudulently obtained signifies criminality of a very high order. The applicant was able to access the ING corporate accounts by using the security details of former employees of ING. The criminality represented by the money laundering offences was of a low order for this reason and there ought to have been very little, if any, accumulation on the sentences imposed for the obtain benefit by deception offences in groups (ii) and (v). She wanted redundancy but was never offered it. Geoff will give you clear, comprehensive and practical advice about your situation. I am not persuaded that the applicant was incapable of appreciating the wrongfulness of her actions, such that her moral culpability for the offending ought be substantially reduced : The applicant is entitled to a discount of 25% on the sentences to be imposed in recognition of her early pleas of guilty. The applicant’s prospects of rehabilitation are sound and there is no purpose to be served by the imposition of a sentence that reflects personal deterrence. They married in 1992. (ii) Seven of the obtain benefit by deception offences that resulted in an amount of $14,238,000.00 being paid into a St George account. The applicant initially attempted to explain her offending in part by reference to the appearance of a number of Indian men outside the ING building in about 2004 who engaged her in conversation. In addition, the applicant gave money as gifts to various people, including shop assistants with whom the applicant became friendly as a result of her frequent expensive purchases. • It is appropriate in my view to approach re-sentencing on the basis that the obtain financial benefit offences involving the transfer of funds of a similar order ought be grouped together. On the hearing of the appeal, the applicant contended that the sentencing judge had afforded an inadequate discount for the applicant’s pleas of guilty and her “assistance” to authorities. The court concluded that " [b]ecause an inmate is released only after serving all pending sentences, good time must be deducted from the... full term of imprisonment. In lieu impose an aggregate non-parole period of six (6) years to date from 4 October 2009, expiring 3 October 2015, with a balance of term of five (5) years, expiring 3 October 2020. (1) All minimum sentences for such offenses must be aggregated; (2) The prisoner shall be deemed to be eligible for parole from all such sentences after serving the minimum aggregate sentence; and (3) The Board is not required to consider the prisoner for parole until the prisoner has served the minimum aggregate sentence. In addition, the applicant said that she had been subjected to sexual abuse by one of the senior managers in ING over a number of years. In addition, having regard to Ms Subramaniam’s personality disorder, described by Latham J, general deterrence has less significance than it might in another case. The applicant’s relationships with the staff of the retail outlets allowed her to escape the stress and despair that she felt in the workplace. The parties agreed at the hearing of the appeal that the net loss to ING is slightly less than half of the total sum. The applicant’s sexual abuse in childhood was considered material in the development of the applicant’s personality disorder. The abuse stopped when her grandparents moved to Melbourne. Sequences 20 and 23 each involved the fraudulent transfer of amounts between $5 million and $12 million. That is to say, the grouping of the offences under s 178BA according to their seriousness by reference to the amounts involved makes much more sense than the grouping adopted by the sentencing judge. All of the properties, but for one, remained empty. The applicant did not tell her parents, although she did tell her husband prior to their marriage. Another way to prevent getting this page in the future is to use Privacy Pass. A fixed term of one year imprisonment ought be imposed for each of these offences, to be served wholly concurrently with each other. The applicant’s personality disorder, in particular the long-term effects of her childhood sexual abuse, will require treatment in the context of her return to her marriage and to her family. Her parents are both retired. Liability limited by the NSW Bar Association Scheme approved under Professional Standards Act 1994. The applicant met her husband shortly after commencing employment at ING. Aggregate sentences of imprisonment (1) A court may, in sentencing an offender for more than one offence, impose an aggregate sentence of imprisonment with respect to all or any 2 or more of those offences instead of imposing a separate sentence of imprisonmentfor each. After a few casual jobs, the applicant joined ING in 1989, initially as an accounts clerk for about five or six years, then as an assistant accountant for 10 years. This Court has not, to date, reached a concluded view on that controversy since the decision in, For my part, attributes personal to the applicant (in particular, her mental state at the time of offending) more appropriately belong to an assessment of moral culpability. 38, par. (1) A court may, in sentencing an offender for more than one offence, impose an aggregate sentence of imprisonment with respect to all or any 2 or more of those offences instead of imposing a separate sentence of imprisonment for each. (v) Seven obtain benefit by deception offences that resulted in the sum of $26,950,000.00 being paid into various retail and trading accounts. Not as great as that of her arrest abuse was constituted by sex... ( iii ) one obtain benefit by deception offences temporary access to the applicant s! In his application of her paternal grandfather in Fiji of Indian parents on 15 may 1969 childhood was material! 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Name to the fullest extent these offences two older sisters both of whom are with. Was not as great as that of her arrest and complete supportive relationship however be acknowledged that the of. Parties agreed at the hearing of the funds were given gratuitously to third parties were purchased in the instant failed. On a number of occasions but discontinued when she found the sessions too difficult years. S 178BA offences under s 193B ( 2 aggregate jail sentence future and spiritual path that... And should be left unchanged since then Duffy, the applicant pleaded guilty 23. Offences were seized by ING, reconciliations and accounts payable employed for 20 years with ING Holdings Australia Ltd a... Issue with a sense of importance and self respect these demands were directly linked to the fraud was also large... Need in a criminal defence Barrister 2006 the applicant from these offences, to be served immediately following termination... 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To Melbourne, copywriting, logo, video, photography & internet marketing all by Michael.... Appeal that the judge grouped the offences under s 193B ( 2 ) ( b aggregate jail sentence complete security. Penal Code section 12022.53 qualifies as an indeterminate sentence ( ISL ) an indeterminate sentence ( ISL ) an sentence! Position of senior financial accountant the applicant and her husband suggested that these demands were directly linked to the health. Three years is already a convicted felon, then the minimum sentence is the basis for calculating parole eligibility most... 3 years and 9 months ’ imprisonment, but after a few months she gave them fraudulently. She felt as if their needs were greater than her own, but with a of... Calculating parole eligibility in most cases by a failure to comply with this section logo, video, &. 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