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This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon. 

Fraud - False Instrument - Make and/or Use 

(NSW) Crimes Act 1900

s.300(1) Make false instrument (10 years)

s.300(2) Use false instrument (10 years)

Repealed 22.2.2010

Case

(age if known)

OffenceAmountPleaSentenceAppealRecordFacts

O'Keefe

NSWCCA

11.6.1992

9 x s.300(1)

 

9 x s.300(2)

 

Sched:

175 offences

$80,663PG

MT 15m

AT 5m

AA

FT 6m

fine for stealing

Female bookkeeper wrote cheques out to cash, signed and cashed them, writing client's name on butt – offences committed over 20 months - paid for living expenses.

Full restitution made - genuine contrition and remorse

Kermali

(29)

NSWCCA

6.7.1994

2 x s.300(2)

 

5 x s.178BA (NSW) Crimes Act [5y]

 

s.178BB (NSW) Crimes Act [5y]

 

Sched:

76 offences

$51,000PG

MT 20m

AT 10m

 

MT 20m

AT 10m

(concurrent)

 

MT 20m

AT 20m

(concurrent)

ADNil

Systems development officer with SRA - through false statements induced SRA to purchase from offender's company instead of cheaper sources over two years

All money reimbursed.

Wales

NSWCCA

15.7.1994

s.300(1)

 

s.300(2)

 

Sched:

GIC

 PG

MT 18m

AT 6m

AA

MT 12m

AT 12m

Serving PD and recog for dishonesty matters.Attempted to use American Express card belonging to someone else.

El-Rashid

NSWCCA

7.4.1995

2 x s.300(2)

 

 

2 x s.158 (NSW) Crimes Act [5y]

 

Sched:

2 x s.300

$122,500

VG

 

PG

MT 9m

AT 15m

 

FT 9m

(concurrent)

Crown AA

MT 2y

AT 1y

NilEmployee of Arab Australian Ltd Bank transferred money from customers' accounts.


Santos

(48)

NSWCCA 28.6.1995

13 x s.300(1)

 

Sched:

68 x s.300

$474,055PG

MT 2y 9m

AT 1y 9m

(25% discount for assistance)

ADNil

Accountant defrauded employer by making out false cheques over 4 years

Gambling - admitted offences to employer when became aware of audit - some assistance

Terrell

NSWCCA

19.7.1995

2 x s.300(1)

 

 

2 x s.300(2)

 

 

4 x s.178BB (NSW) Crimes Act [5y]

$200,000PG

MT 1y

AT 4m

 

MT 1y

AT 4m

 

FT 6m

(concurrent)

ADNilLong-time customer of bank, falsely represented he had large funds invested in order to obtain "facility" - $1million obtained - deficiency ultimately $200,000

Marvin

(38)

NSWCCA

5.11.1995

s.300(1)

 

 

s.300(2)

 

 

41 x s.178A (NSW) Crimes Act [7y]

 PG

MT 18m

AT 6m

 

MT 18m

AT 6m

 

MT 18m

AT 6m

(concurrent)

AA

MT 12m

AT 12m

NilSolicitor misappropriated funds over four years.

Cofini

(37)

NSWCCA

4.3.1997

3 x s.300(2)

 

Sched:

6 x s.300(2)

loss to bank: $1.452mPG

MT 1y

AT 1y

AD 

Solicitor used documents to deceive bank to obtain large loan from bank for client.

Severe hardship since offence - genuine remorse.

Brillo

(20-21)

NSWCCA

14.5.1997

5 x s.300(1)

 

5 x s.300(2)

 

Sched:

73 x s.300(1)

75 x s.300(2)

$188,075PG

MT 18m

AT 2y

ADNil

Female - defrauded employer over 13 months - altered cheques signed by company signatories and deposited money into own account - no money repaid

Money spent on lifestyle and gambling.

Spiridonov

NSWCCA

1.5.1998

11 x s.300(2)

 

Sched:

12 x s.300(2)

$45,000PG

MT 3y

AT 1y

AA

MT 2y 3M

AT 15m

minor dishonesty

Obtained Visa card using false documents and used card to obtain cash advances - careful planning.

Repaid 70% of losses - co-offender absconded with much more money - good background - depressed.

Giarratano

[2000] NSWCCA 418

6 x s.300(1)

 

8 x s.300(2)

 

13 x Steal valuable security

 

Sched:

57 offences

$367,000PG

MT 2y

AT 2y

 

 

FT 12m

(concurrent)

AD 

Stole from employer by altering cheques over 19 months.

Gambling addiction.

Vasil

[2000] NSWCCA 421

21 x s.300(2)

 

Sched:

37 dishonesty offences

 PG

MT 3y

AT 3y

AD Used false documents to create false identities to systematically defraud banks - defrauded banks of $4million dollars over two and a half year period

De Souza

[2001] NSWCCA 94

4 x s.300(2)

 

15 x s.178A Crimes Act (NSW) [7y]

 

s.178BA (NSW) Crimes Act [5y]

 

Sched:

66 similar offences

$1.5mPG

FT 4y

 

MT 4y

AT 3y

 

 

FT 4y

 

(all concurrent)

ADprior record for fraud offencesInsurance agent defrauded 23 clients over 5 year - vulnerable victims.

Fisher

[2001] NSWCCA 143

6 x s.300(1)

 

6 x s.300(2)

 

Sched:

48 x s.300(1)

48 x s.300(2)

$248,000PG

MT 3y

AT 2y

AA

MT 2y 6m

AT 2y 6m

 

Used position as technical manager to defraud company over 5 years - altered cheques already signed using sticky tape - serious breach of trust.

Gambling addiction - confessed offences to police - remorse - some compensation made - rehabilitation

Tooth

[2001] NSWCCA 407

2 x s.300(2)$415,127

PG

(20%)

4y

NPP 2y

ADDishonesty offences – breached bail

Used stolen bank cheques to pay off mortgage

Some assistance to authorities

Sewell

[2002] NSWCCA 7

7 x s.300(2) PG

4y

NPP 1y 5m

ADsimilar offences

Induced bank to accept false instruments as genuine and thereby credit company money to offender's account

Good character evidence - evidence of rehabilitation - medical condition

Finn

(mid - 50s)

[2002] NSWCCA 86

6 x s.300(1)

 

Sched:

17 x s.300(1)

> $130,000

PG

(> 15% on appeal)

3y

NPP 2y

AA

2y

NPP 16m

nil

Manager of smash repairs involved with others in fraud on NRMA - created false insurance claims for fictitious accidents – used own car for one claim

Favourable prospects of rehabilitation - poor health – parity

Power

(40s)

[2002] NSWCCA 244

39 x s.300(1)$7.681m

PG

(25%)

8y

NPP 5y

AA

8y

NPP 4y

nil

Female - middle manager at bank created fictitious loans for fictitious customers over 4 years - money spent on luxury living, particularly jewellery - some money used to repay older loans

Motivation obscure - depressed and vulnerable at time - prospects of rehabilitation

Burke

(41)

[2002] NSWCCA 353

11 x s.300(2)

 

 

39 x s.178BA (NSW) Crimes Act [5y]

$4,490,563

 

$923,150

PG

(20%)

4y

NPP 3y

 

Total:

10y

NPP 7y 6m

ADdishonesty offencesInvestment advisor and insurance broker - did not invest money provided by clients for that purpose - 26 investors involved - unauthorised withdrawals of money invested - 6y period - gross breach of trust

Montesinos

(35)

(2002) 135 A Crim R 417

NSWCCA

15 x s.300(2)$119,643VG24m suspendedCrown ADnil

Female employee deposited cheques drawn on account of employer into own account over five months - little insight into offending

History of major depressive episodes

Meyer

(28)

(2002) 135 A Crim R 438

NSWCCA

3 x s.300(1)

 

3 x s.300(2)

 PG

3y

(Periodic Detention)

AA

1y 6m

NPP 13m

(Periodic Detention)

nil

Finance broker involved in fraudulently obtaining loans from bank - not party to scheme but facilitated it - forged endorsements on three cheques - to receive $36,237 commission

Remorse - co-operation

Weir

(55+)

[2003] NSWCCA 204

s.300(2)

 

 

4 x s.178A (NSW) Crimes Act [7y]

 

s.178B (NSW) Crimes Act [1y]

 

Sched:

15 x s.178A

4 x s.178B

5 x s.300(1)

3 x s.300(2)

Over $1m

PG

(25%)

5y

NPP 2y

 

Total:

7y

NPP 4y

ADPrior convictions for fraud – breached CSO

Female - accountant took money from clients for purpose of investment – breach of trust over prolonged period

Gambling - remorse

Thompson

(43-45)

[2003] NSWCCA 219

7 x s.300(1)

 

7 x s.300(2)

 

Sched:

30 x s.300(1)

30 x s.300(2)

$144,000

PG

(25%)

3y

NPP 18m

ADNil relevant

Female - credit collector for company took money to pay for family expenses and finance gambling addiction

Financial difficulties

Maharaj

(30)

[2004] NSWCCA 387

7 x s.300(1)

 

7 x s.300(2)

 

Embezzlement

 

Larceny as a clerk

 

Sched:

122 similar offences

$440,000

PG

(25%)

Total:

5y

NPP 3y

ADNil

Employee of financial planning institution – managed clients funds – stole money from 13 clients over 3.5 years – motivated by greed

Assistance to authorities – some restitution – delay – some medial problems – remorse

Hovan

(44)

[2005] NSWCCA 179

s.300(1)

 

 

s.300(2)

 

 

s.178BB (NSW) Crimes Act [5y]

 

PG

(40%)

3y 6m

NPP 2y 6m

 

3y 6m

NPP 2y 6m

 

FT 12m

 

Total

4y 6m

NPP 3y 6m

AA

3y

NPP 18m

Nil

Solicitor made false application for computer equipment loan – obtained $102,000 - $58,000 outstanding – forged signature and seal of clients on deed of release – received $20,000 costs payment on behalf of client – money owed to applicant

Second offence breached bail – struck off – full reparation underway – poor financial manager – psychological problems

Farrant

[2005] NSWCCA 229

s.300(1)

 

 

5 x s.300(1)

 

 

2 x s.178BA (NSW) Crimes Act [5y]

 

Sched:

44 offences

$139,000PG

2y 6m

NPP 15m

 

2y

NPP 12m

 

FT 9m

 

Total

2y 9m

NPP 18m

ADSimilar offences

Female employee responsible for paying creditors of company – made out cheques to creditors where no money owing and changed name on cheque – used company credit card to make purchases – offending over significant period of time – significant breach of trust

Committed to repayment

Valentine

(37)

[2007] NSWCCA 23

3 x s.300(2)

 

Sched:

2 x s.300(2)

$924,454.99

PG

(25%)

4y 9m

NPP 2y 9m

AD 

Financial advisor stole from clients over two years – forged signatures, alerted document and diverted mail

Ellis discount – financial difficulties

Hyman

[2007] NSWCCA 47

9 x s.300(1)

 

9 x s.300(2)

 

 

2 x s.178BA (NSW) Crimes Act [5y]

 

Sched:

50 offences

Over $200,000

PG

(25%)

5y 3m

NPP 3y 9m

 

 

 

3y 6m

NPP 2y

(concurrent)

ADSimilar offences

Female executive assistant to Vice President of company – misused corporate credit card over 5 years – forged signature of VP – breach of trust involving forgery and planning

Repaid agreed amount of $220,000 – remorse - gambling

Nikolaidis

(52 at sentence)

(2008) 191 A Crim R 556

s.300(1) VG

2y

NPP 12m

ADNil

Solicitor had secretary type backdated letter purporting to be terms of engagement between offender and former client – involved in dispute with client – costs assessment being made by Supreme Court assessor – mid range offence – part of continuous course of conduct – breach of trust

Loss of employment

Yow

(48)

[2010] NSWCCA 251

2 x s.300(1)

 

 

s.300(2)

 

 

4 x s.300(2)

 

s.302 (NSW) Crimes Act [10y]

 

Deal with proceeds of crime (NSW) Crimes Act [10y]

 

Sched:

28 similar offences

Goods valued at $41,000

PG

(25%)

3y 1m

NPP 2y 4m

 

3y 2m

NPP 2y 2m

 

FT 18m

 

FT 12m

 

3y 6m

NPP 2y

 

Total:

3y 10m

NPP 2y 11m 14d

ADRecord in both Australia and Singapore

Search of home located 25 counterfeit cards and a drivers licence – used cards to purchase goods easily resold – deposited money into Bank account – part of organised criminal syndicate – important role but not principal – to receive precent of profits – arrived in Australia for sole purpose of committing fraud – offending slightly below mid-range

Came from Singapore to commit offences – gambling debt – unspecified discount for assistance

Rajopal

[2012] NSWCCA 148

s.300(2)

 

 

 

3 x s.300(2)

 

Deal with proceeds of crime (NSW) Crimes Act [10y]

 

Sched:

8 x s.300(2)

 

 

 

 

 

 

$9,670

PG

3y 4m

NPP 2y 4m

 

 

FT 20m

 

FT 2y

 

Total:

3y 10m

NPP 2y 3m`

AA

2y 9m

NPP 2y

 

FT 10m

 

FT 18m

 

Total:

3y

NPP 2y 3m

Nil

Found using or attempting to use blank bank card to withdraw money from ATM – involved in planned, organised and ongoing criminal enterprise – low range of offending

Difficult background in Sri Lanka

Kerr

(46)

[2014] NSWCCA 235

2 x s.300(2)

 

 

11 x s.178BA (NSW) Crimes Act [5y]

 

26 x Deal with proceeds of crime (NSW) Crimes Act [20y]

$246,461.25VG

Indicative

5y

 

Agg

6y

NPP 4y

ADNil

Sent two faxes with falsified signature of business partner authorising payment of money into personal accounts – some money paid into first account transferred into second account - some money transferred back to company over four months – planned and protracted criminal activity

Suffering depression

Hudson

[2016] NSWCCA 278

7 x s.300(1)

 

7 x s.300(2)

 

2 x s.178BA (NSW) Crimes Act [5y]

$2,266,865PG

Agg

2y 9m

NPP 2y 6m

ADNil

Female suffering financial pressure – over 3 weeks made and used 7 cheques from cancelled account – cheques given to lawyers in attempt to prevent foreclosure of house - actual loss of $200,000 to lawyer and $500,000 to financial institution

Genuine remorse – delay – turned life around – out of character

Last updated: 4.12.2017

 

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