STATE OF TASMANIA v ZANNON TONY HOWARD 2 JUNE 2022
COMMENTS ON PASSING SENTENCE JAGO J
Zannon Tony Howard you have pleaded guilty to 38 counts of attempted fraud, 12 counts of fraud and 9 counts of uttering. Over the period January 2017 to July 2019 you completed and submitted numerous electronic applications for credit card facilities and loans from various financial institutions and obtained goods and services from telecommunications providers using a number of false identities. In total, you attempted to obtain $855,550 from banks and other financial institutions, and did in fact obtain goods and services to the value of $26,533.32 from Optus and Telstra. Additionally, you uttered forged cheques to the total value of $45,000. Fortunately, many of those cheques were not honoured, but you did obtain the sum of $13,000 which has not been recovered. In total then, you have dishonestly obtained a benefit of $39,533.32 and attempted to obtain additional benefits of $887,550. That being said, it is highly unlikely, in my view, that you would have been successful in obtaining that quantum of funds, given much of your fraudulent conduct was relatively unsophisticated.
Sometime prior to the 23 January 2017, you acquired the driver licence details and Medicare number of Mr Christopher Wedd. It is not clear how you came to be in possession of this information. Between then and 25 October 2018, you submitted 14 electronic applications in the name of Christopher Wedd to the following financial institutions:
- St George Bank (count 1)
- Commonwealth Bank of Australia (counts 2 and 5)
- ANZ Banking Group (counts 3, 6 and 11)
- Bendigo Bank (counts 4 and 9)
- Once Credit Pty Ltd (count 7)
- Openpay (count 8)
- MacCredit (count 10)
- Clear Loans (counts 12, 13 and 14)
By submitting these applications you attempted to obtain $319,800 by way of credit card facilities, loans and hiring arrangements. You provided Mr Wedd’s driver licence details and Medicare number in an attempt to falsely represent yourself as him. You did not in fact receive any part of the $319,800 because you were unable to provide additional information requested by the various financial institutions. Nevertheless, Mr Wedd has been adversely affected by your behaviour because your illegal activities have affected his credit rating. Following your behaviour Mr Wedd attempted to apply for a loan in his own name and it was refused because of the poor credit history that was associated with his name as a consequence of your behaviour.
In May 2018, you rented premises from Narelle Stacey. Ms Stacey still had some of her personal belongings stored in a padlocked area under the house. At some point you obtained details of her driver’s licence and between 20 July 2018 and 23 July 2018 you submitted false electronic applications in her name using the driver licence details in an attempt to fraudulently represent yourself as her. At the time of submitting the applications it was your intention to obtain $75,000 by way of a credit card facility and a loan from Money Me Financial Group, Latitude Finance and ANZ Banking Group. Again, you did not receive any part of the $75,000 because you were unable to complete the applications in full. Ms Stacey became aware of what was happening as a consequence of receiving a letter from financial institutions advising her she was unsuccessful in relation to the applications.
In or about October/November 2018, you fraudulently submitted electronic applications in the name of Matthew Butler to Bank of Us and ANZ Banking Group. You attempted to obtain credit card facilities from those two entities to the value of $60,000. You falsely represented yourself to be Matthew Butler by providing his driver licence details. It is unclear how you came to be in possession of such details. You were unsuccessful in receiving any part of the $60,000 because you were unable to successfully complete all details required in the applications. Nevertheless, Mr Butler has been adversely affected by your behaviour because his credit rating has also been negatively impacted.
In October 2018, Mr Leighton Stokes had his wallet stolen. It contained a number of expired cards and his driver’s licence. Somehow you came into possession of these items. Between 19 October 2018 and 7 November 2018 you fraudulently submitted 9 electronic applications in the name of Leighton Stokes to ANZ Banking Group, National Australia Bank, St George Bank, Westpac Bank, Bendigo Bank, Mystate, Aussie Car Loans and Me Bank. At the time you submitted those electronic applications you were attempting to obtain $235,750 by way of credit card facilities and loans. You falsely represented yourself to be Leighton Stokes by providing his driver licence details. You did not receive any part of the $235,750 because you were unable to complete all details of the respective applications. Mr Stokes was alerted to your offending behaviour when he received a letter from ANZ Bank telling him that his application for a credit card had been declined. He subsequently received letters from other financial institutions indicating a number of applications had been made in his name.
In October 2018, Mr Sam Chettle had his wallet stolen. It contained personal identification information. You came into possession of such information. Between 23 October 2018 and 7 November 2018 you fraudulently submitted 4 electronic applications in the name of Sam Chettle to National Australia Bank, Westpac Bank and MacCredit. At the time of submitting the applications you were attempting to obtain $70,000 by way of credit card facilities and a loan. You did not receive any part of the $70,000 because again you were unable to complete the full details of the respective applications. This offending was detected when Mr Chettle’s wife noticed unusual emails from a telecommunication provider, relevant to a contract for a mobile phone which they knew nothing about. Their bank also contacted them to advise it appeared as though they had been a victim of identity fraud.
In January 2019, Ms Codi Lincoln had her wallet stolen. It contained amongst other items her driver’s licence. You came into possession of that licence. On 3 April 2019 you submitted electronic applications to ANZ Banking Group and Westpac Bank in the name of Codi Lincoln. At the time you were attempting to obtain $90,000 by way of credit card facilities from the two banks. In each of the applications you falsely represented that you were Codi Lincoln and provided her driver licence details as purported proof of identity. You did not receive any part of the $90,000 because you were unable to complete the full details associated with the credit card applications.
Overnight 22-23 July 2019, Mr Ashley Phillips had his cheque book, driver’s licence and Medicare card stolen from his motor vehicle. Between 22 July and 9 August 2019 you submitted electronic applications in the name of Ashley Phillips to National Australia Bank, Citibank, Bendigo Bank and ING. At the time of submitting the applications you were attempting to obtain $95,000 by way of credit card facilities from the four financial institutions. You falsely represented that you were Ashley Phillips by way of providing his driver licence details. Again, you were unsuccessful in receiving any part of the $95,000 because you were unable to complete the details of the respective applications.
Between 18 October 2018 and 26 October 2018 you entered into leasing agreements with Optus in the false names of Melissa Pearson and Leighton Stokes. As a consequence of creating these two false accounts, you obtained four Apple iPhones, watches and telecommunication services from Optus to the value of $11,928. None of the iPhones or watches have been recovered. It is the State’s case that you either kept the watches and iPhones for your own personal use or on-sold those items to a third party and obtained financial benefit from such sales.
Between 8 November 2018 and 30 November 2018 you entered into false leasing arrangements with Telstra in the name of Matthew Butler. As a consequence you obtained Beat headphones, drones, Apple iPhones, a Samsung Galaxy mobile phone and telecommunication services from Telstra to the value of $12,753.68. Again, none of these items have been recovered, and it is the State’s case that whatever you did not keep for your own personal benefit you on-sold and obtained financial benefit from such sales.
On 11 July 2019, you presented a cheque from the cheque book stolen from Mr Phillips to ANZ Devonport and received $2000 in cash. Mr Phillips’ account was debited that same amount. On the same day you deposited a second cheque from Mr Phillip’s stolen cheque book in the sum of $5000 into an account in your name held at the Commonwealth Bank. The $5000 was credited to your account the following day. You withdrew the $5000 from your account on 15 July once the cheque had cleared. Mr Phillips’ account was debited the sum of $5000.
On 12 July 2019, you or an agent acting on your behalf, presented three more cheques from Mr Phillip’s stolen cheque book at various branches of the ANZ. The first was presented at the Burnie ANZ branch in the sum of $2000 by a male who was acting on your behalf. $2000 cash was received. The second and third cheques were presented by you in person at the Devonport branch of the ANZ. You received $4000 cash.
On 16 July 2019, you deposited three more cheques, each to the value of $10 000, from Mr Phillip’s stolen cheque book into your account. $30,000 was credited to your account the same day, but it was subsequently reversed on 18 July 2019 when it became apparent that the cheques had been fraudulently presented. You did not gain the benefit of any of the $30,000.
Your fraudulent behaviour involving the cheques was discovered on 17 July 2019 when you had a female, who was acting on your behalf, attempt to cash a cheque at the Ulverstone branch of the ANZ. Fortunately, the teller was familiar with Mr Phillips and familiar with his handwriting. She was concerned about the validity of the cheque and thus made enquiries. Mr Phillips was notified and the cheque book was cancelled.
On 26 August 2019 police found you in possession of a Samsung mobile phone when you were arrested for unrelated matters. An examination of that phone revealed photographs of Mr Phillips’ drivers licence and some SMS communications relevant to the passing of the stolen cheques. Police subsequently searched your home on 29 August 2019 and found a number of items belonging to Mr Phillips. They also found some dishonoured cheques. Additionally they found a notebook which had a number of email addresses listed that you had created using the identity details of other persons. Many of these email addresses had been used by you in submitting the fraudulent electronic applications.
Whilst the total unlawful financial benefit gained by you was only moderate, the attempts to gain funds by using the identity of others went on for a considerable period of time and has caused at least some of the victims considerable inconvenience and stress. It would be a most unpleasant experience to know someone else has your personal details and is using them for unlawful purposes. Moreover, banks and other financial institutions are vulnerable to crimes of this nature, because even though there are identification protocols in place, criminal behaviour such as yours, purports to avoid such requirements and has the potential to undermine the integrity and effectiveness of the system at large.
I take into account that you have pleaded guilty to these matters and you are entitled to credit for that. It would have been a long and complicated trial. There has been considerable delay in this matter being brought to resolution because of the complexity of the investigation. In my view, you do not receive credit for such delay as it was the length and extent of his criminal behaviour that created the need for such an investigation.
You have relevant prior convictions. You were before Courts for matters of dishonesty as a youth. In 2009 you received a partially suspended period of imprisonment for matters of burglary and stealing. In December 2013, you received a period of wholly suspended imprisonment for two counts of dishonestly acquiring a financial advantage. On 29 November 2019, you were sentenced for family violence, driving and bail offences and a three month period of suspended imprisonment was activated backdated to commence on 29 August 2019, being the date you were taken into custody for these matters. In February 2020, you were dealt with for a number of matters of dishonesty including receiving stolen property, possession of stolen property, computer related fraud and burglary and stealing charges. Those matters were sentenced globally, together with some driving charges. You were sentenced to 7 months’ imprisonment, commencing on 29 November 2019. There is then no time you have spent in custody which has not already been credited to other sentencing orders. In addition to the matters of dishonesty that I have outlined, you also have a number of convictions for other matters. Generally, in my view, your record is suggestive of a past disregard for the law.
You are now 31 years of age. You have three children aged 11, 8 and 9 months. You are in a stable relationship with your partner. It is a long-term relationship, although it has been subject to periods of separation in the past. You were exposed to a very dysfunctional upbringing. Your parents separated when you were young. You do not share a relationship with your father. Your mother suffered from significant drug and alcohol addiction. You were exposed to substance abuse within the home from a very young age. You describe your home as being known in your neighbourhood as “the drug house”. Unsurprisingly, from your teenage years you were a regular user of illicit substances. When you were 18 you attended and successfully completed a rehabilitation course. For several years you did quite well, but at the age of 20 you were introduced to methylamphetamine by an associate. Thereafter you developed a significant addiction to the drug. I am told that your prior convictions are reflective of that addiction. All of this criminal offending was also motivated by your want to obtain money to fund your drug addiction.
Many of the attempts at obtaining loans or credit facilities from the financial institutions were relatively unsophisticated, involving little more than the provision of a false name and driver licence details, but accompanied by an inability to otherwise support the applications. It was almost inevitable that such applications would be rejected. It could not be described as a well-planned or enlightened scheme. There is no evidence you were involved with the theft of the various wallets and identity documents. I am told many of these items were given to you by your criminal associates. Your behaviour was consistent with someone who was in the grips of a chronic drug addiction attempting to obtain funds to buy drugs by any means possible. Your drug addiction is of course no excuse for your crimes, but evidence of your rehabilitation, and the amelioration of the catalyst for your offending, ought to be taken into account as a favourable matter in mitigation. And it does appear as though you have made a most concerted effort to reform.
Since being taken into custody in August 2019, you have stopped using methylamphetamine. I am told you have spent a lot of time thinking about the adverse impact drugs have had upon your life and in particular, the loss of your children to Child Safety Services. You and your partner have had a number of discussions around changing your lives and being more positive parents for your children. Your partner, who also suffered with drug addiction and became involved in crime, participated in the Court Mandated Drug Diversion Program. She successfully graduated from that program and has ceased the use of illicit substances. She continues to provide support to you. You have commenced an opioid replacement program. As part of that program you are required to have regular drug testing to ensure it is safe for you to remain on the program. You have always tested negative to illicit substances whilst you have been on the program. A report from your general practitioner suggests you has been compliant to treatment.
You and your partner have had your children returned to you and they now live with you. You have successfully met all of the requirements imposed by Child Safety Services. It has now been nearly three years since you used illicit substances. You have obtained employment. You have commenced work as a full-time tyre fitter for Goodyear Auto Care. You are well regarded in that employment and by all accounts you are doing well. You and your partner have secured stable accommodation. You are currently renting from a family member but are negotiating to take over the mortgage payments with a view to buying the residence.
I have been provided with a report from Youth Family and Community Connections, an organisation that has been working with you and your partner over the last 2 years. The report speaks very positively about the changes you have made in your lifestyle and your attitude. I had you assessed as to your suitability for a home detention order. Because and your partner have a history of family violence, it is not considered appropriate that you reside during a period of home detention, in the same residence as her. You have no other alternate address at which you could complete a period of home detention. Accordingly, you have been deemed unsuitable for such an order. The home detention assessment report nevertheless speaks positively of the changes you have made in your life. The author of the report has had prior dealings with you as a Community Corrections officer. She is of the view that your presentation is consistent with you being abstinent from illicit substances and suggests that you present as genuine in respect to your commitment to continuing your abstinence.
This is a serious matter. Although, as I have noted, the ultimate financial benefit gained by you was a moderate amount, your attempts to dishonestly obtain loans or credit facilities went on for a substantial period of time. Crimes of this nature are not uncommon and are relatively easy to commit, yet difficult to detect and investigate. Sentences must be imposed which send the very clear message that those who may be tempted to obtain funds fraudulently should expect harsh punishment. Principles of general deterrence are important in the sentencing process. Given your history involving matters of dishonesty, so too is personal deterrence.
There is no question a substantial period of imprisonment must be imposed for your criminal behaviour. It is important to recognise however the very significant changes that you have made in your life. For perhaps the first time, your future is looking promising.. You are drug-free. You have your children returned to your care. You have obtained employment and are doing well in that position of employment. In my view those factors militate in favour of suspending the period of imprisonment I intend to impose. Given the lengthy history of your drug addiction you may remain vulnerable to relapse for a long time. The imposition of a suspended sentence will operate to encourage your ongoing commitment to your rehabilitation which if successful will be for the betterment of not only you, but the community also.
You are convicted on all matters to which you have pleaded guilty. I will impose one sentence. In my view, that best accommodates the need to reflect principles of totality. You are sentenced to 18 months’ imprisonment. That period of imprisonment is wholly suspended for a period of two years upon condition that you commit no offence punishable by imprisonment during that period. It will also be suspended on the further condition that you satisfactorily performs 90 hours of community service. I make a community correction order for a period of two years from today. The core conditions of that order will be specified in a written document that will be provided to you. They include conditions that you will not commit an offence punishable by imprisonment, and that you must report to Community Corrections, Reece House Burnie, by 5pm tomorrow and comply with the directions of a probation officer. Additionally, you must not leave Tasmania without permission and you must notify your probation officer of any change of address or contact details.
I impose the following special conditions:
1 You must during the two year period submit to the supervision of a probation officer as required by the probation officer
2 You must attend educational and other programs as directed by your probation officer.
3 You must undergo assessment and treatment for drug dependency as directed by a probation officer. You must attend participate in and complete the EQUIPS addiction program if directed to do so by your probation officer.
4 You must submit to medical or psychological or psychiatric assessment or treatment or psychological counselling, or indeed all of those, if directed to do so by your probation officer.
I make a compensation order in favour of Optus, the terms of which will be adjourned sine die. I make a compensation order in favour of Telstra, the terms of which will be adjourned sine die. I make a compensation order in favour of Australia and New Zealand banking Group, the terms of which will be adjourned sine die.
Mr Howard you should very much see this as your last chance. If you breach the terms of the suspended sentence by committing any offence punishable by imprisonment or failing to satisfactorily perform the 90 hours of community service, you can be brought back to the Court and an application made that you serve the suspended term of imprisonment. The law is that as judge must activate that sentence unless it is unjust to do so.