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The payments made to appellant were pocketed by him & the cheques made payable to Customs were fraudulently endorsed to an account in appellant's brother's name.The first 4 counts on the indictment represented a total of 93 such fraudulent acts.Aged just under 20 at time of offences - guilty pleas - born in Australia of Vietnamese parents - strict upbringing by father which included infliction of violence - heroin dependency - contrition - assistance to authorities - special circumstances - totality. FITZGERALD, Brett James - CCA, 6.2.2004 - 59 NSWLR 493; 144 ACrim R 316Sully & Barr JJ, Newman AJCitation: R v Fitzgerald  NSWCCA 5Crown appeal.1 x indecent assault; 6 x sexual intercourse (all offences committed upon a child).6y 9m with NPP of 3*y.Whether sentences manifestly excessive - whether insufficient weight given to subjective features. All offences were perpetrated upon the same victim.The victims of all offences were aged 14 or 15 at the time.Each of the victims was injured, although not seriously.The applicant was sentenced upon the basis that his intent to inflict GBH was not premeditated. GAO, Zhen Yu Michael - CCA, Sully, Greg James & Adams JJCitation: R v Gao  NSWCCA 390Conviction and sentence appeal.1 x knowingly concerned in the importation of a commercial quantity of heroin.12y with NPP of 8y.
Total of 3*y with NPP of 2y 8m All offences arose from the one criminal enterprise whereby appellant falsely represented himself as a registered customs agent to 4 companies & lodged Nature 10 documents to the Customs Department which fraudulently represented the nature of the imported cargo so that a Customs duty exemption was claimed.
The Executive Chairman of Impulse said the reason he told the appellant was that he was interested in buying the appellant's residence in Rose Bay but would have to make a conditional offer while waiting for the merger to go through.