An unregistered Cranbourne builder was fined $16,000 with a conviction for accepting payments of more than $108,000 but failing to supply the goods and services.
Cranbourne man Najy Rayes, the sole director of Melbourne Landscape Design Pty Ltd, was sentenced in the County Court on 6 March to one roll-up charge of wrongly accepting payment of $108,568.75 for residential renovation works from seven victims over 18 months between March 2021 and December 2023.
The court revealed that Rayes was never a registered builder.
The accused pleaded guilty on 27 February.
Rayes practised fraud by first requesting an unlawfully high deposit, which ranged from 30 per cent to 50 per cent of the contract price. According to Consumer Affairs Victoria (CAV), for domestic building work, a deposit can be no more than 10 per cent, if the total contract price is less than $20,000, or five per cent if the total contract price is $20,000 or more.
He then requested extra payment for additional work, provided excuses for not showing up to work, left his work incomplete and defective, and ghosted the homeowners.
The court noted that on one occasion, one victim believed Rayes had demonstrated “discrimination when speaking with women and had also made some racist remarks”.
Rayes allegedly verbally abused the victim. He refused to leave the property when asked to and allegedly harassed and abused the victim which caused her to call the police, who attended the scene and directed Raynes to leave.
Raynes was also found to enter contracts without being a registered builder or giving the building owner a contract information statement.
The court discovered Rayes refused to attend an interview with CAV in 2023.
Rayes was found to have prior convictions as CAV issued two infringements to him in 2019 for wrongly accepting payment for accepting payments from consumers and failing to provide a service.
Judge Trevor Wraight took Rayes’ personal and financial circumstances into account when sentencing, as the court acknowledged that he experienced difficulties arising from needing social benefits and drug use.
“You admit that the difficulties you were facing during the pandemic coincided with your poor business management and unprofessionalism ultimately leading to your significant financial liabilities,” Judge Wraight said.
However, Judge Wraight said Rayes showed “little evidence of remorse” while pleading guilty. He said that Rayes had not repaid any amount to victims despite being ordered to.
Judge Wraight was concerned that Rayes had “guarded” prospects of rehabilitation.
“You have a lengthy prior criminal history containing numerous dishonesty related offending, and you have served a number of terms of imprisonment for such offending,” he said during the court.
“Your prior history also reveals numerous breaches and court orders.”
