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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 - over $5million

See list of offences and penalties at end of table.

Case
(age if known)

Offence and Max PenaltiesAmountPleaOriginal SentenceAppealRecordFacts

Vidler

NSWCCA

23.11.1993

20 x s.71(1) (Cth) [7y]

 

2 x s.156 (NSW) [10y]

$8.2m - loss to bank of $921,000PG

MT 4y

AT 3y

ADNilFemale - bank supervisor stole money from accounts over ten years.

Vickers

 

 

 

 

 

Fearon

 

NSWCCA

17.10.1996

15 x 178BA (NSW) [5y]

 

Sched

34 x s.178BA

 

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

 

Sched

9 x s.178BA

$16m: bank loss of $3.345m

 

 

 

$6m:  bank loss of $1.97m

PG

 

 

 

 

 

PG

MT 5y

AT 1y

 

 

 

 

MT 5y

AT 1y

AD V, as manager of Westpac, approved loans for F that should not have been approved - culpability considered equal

Giam (No.2)

(43)

(1999) 109 A Crim R 348

s.176A (NSW) [10y]millionsVG5y GBB

Crown AA

MT 14m

AT 16m

(MT reduced by 10m for PSC - AT reduced 8m for period on bond)

nil

Accountant arranged for set off facility with bank for property management company - used it for own purposes to finance gambling addiction.

Married with two young children; prior good character.

Walters

(55)

[2001] NSWSC 640

Sully J

 

[2002] NSWCCA 291

10 x s.29D (Cth) [10y]

 

Sched:

5 x breach restraining order

$7,302.221VG

7y 8m

NPP 6y

ADminor record from 31 years ago

Owner of successful bricklaying company failed to account for tax deducted from wages of employees - money deducted to finance affluent lifestyle then company wound down when clear could not pay tax debt - offences committed over 9 years.

Good work record - unlikely to re-offend - single father to young son

Jackson

(32)

[2001] NSWCCA 355

7x s.176A (NSW) [10y]

 

Sched:

22 offences

$5.2m

PG

(28.5%)

5y

NPP 2y

Crown AA

5y

NPP 3y

nil

Company secretary used company cheques to support lavish lifestyle - offences committed over 2 years.

Married with young family - substantial reparation made

Pearce

(45)

[2001] NSWCCA 447

3 x s.29D (Cth) [10y]$6.5mVG

5y 4m

NPP 3y 4m

AA

5y 4m

NPP 3y

nil

Middle manager of large company - company failing - over three years failed to remit PAYE tax to ATO – submitted false information and failed to send employment declarations - money used to finance company - did not receive any personal benefit

Active in surf lifesaving - good references - adverse effect upon family

Power

40s

[2002] NSWCCA 244

39 x s.300(1) (NSW) [10y]$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

I Ronen (Mrs)

(72 at sentence)

 

 

 

 

 

 

 

 

 

I Ronen

(46 at sentence)

 

 

 

 

 

 

N Ronen

(47 at sentence)

 

[2005] NSWSC 991

Whealey J

 

(2006) 161 A Crim R 300

NSWCCA

s.86A (Cth) [20y]

 

Consp s.29D (Cth) [20y]

 

s.31 (Cth) [5y]

 

 

 

 

s.86A (Cth) [20y]

 

Consp s.29D (Cth) [20y]

 

 

 

s.86A (Cth) [20y]

 

Consp s.29D (Cth) [20y]

Over $8million tax withheld

VG

 

 

 

 

PG

 

 

 

 

 

VG

 

 

 

 

 

 

 

VG

5y

 

6y 6m

 

8m

 

Total:

6y 6m

NPP 4y 6m

 

 

5y

 

6y 6m

 

Total:

8y 6m

NPP 5y 6m

 

5y

 

6y 6m

 

Total:

8y 6m

NPP 5y 6m

Crown AD

AD

 

 

 

 

 

 

 

 

 

AD

Crown AD

 

 

 

 

 

 

AD

Crown AD

Nil

 

 

 

 

 

 

 

 

 

 

Nil

 

 

 

 

 

 

 

Nil

Two offences represented one conspiracy – change of legislation - Mother and two sons owned retail stores – cash takings from retail business skimmed and concealed – tax withheld – money sent overseas - worst category of offence

Substantial financial penalty paid – agreement to repay tax –late demonstration of contrition

significant good character

Mrs R in poor health

IR and NR married with children

Boulden

(42 at sentence – 33 at offence)

[2006] NSWSC 1274

Whealy J

s.590(1)(c)(iii) (Cth) [2y]$5.5m improper reduction made to financial statement

PG

(discount reflected in PD)

12m

PD

 Nil

Financial Controller in company related to HIH – arranged for improper reduction to company liabilities – released to Australian Stock Exchange as half yearly consolidated results – lied about reductions – middle management acting on direction – mid-level seriousness

Married with young children – good character – contrition – evidence of rehabilitation during delay

Richard

(36)

[2011] NSWSC 866

Garling J

2 x s.1041G(1) (Cth) [5-10y]

 

Sched:

s.1041E(1)

$26.6m

PG

(37.5% plea and assist)

3y 9m

NPP 2y 6m

 Nil

Director of financial investment company – over nearly four years directed superannuation funds into inappropriate overseas investments – aware conduct dishonest – received personal benefit of $1.3m – all money lost – nearing upper range of seriousness – pivotal role – central figure in Australia – motivated by greed – rolled up charges – carefully planned and concealed offences

Assistance – significant contrition – prior good character

Bangaru

[2012] NSWCCA 204

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

 

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

$3.7m

$19.8m

VG

8y 6m

NPP 6y 4m

ADNil

Director of two companies – Nov 2001-Dec 2003 misappropriated $3.7m from 17 investors – Jan 2004-July 2005 obtained $19.8m from financial institutions after making statements with reckless disregard to whether false and misleading in material particular – statements related to financial position of companies – substantial loss – planned / organised criminal activity

Married with children – family suffered security issues after arrest – good prospects of rehabilitation

Agius

(63 at sentence)

 

 

 

 

Zerafa

(36 at sentence)

 

[2012] NSWSC 978

Simpson J

 

(Zerafa)

[2013] NSWCCA 222

 

(Aguis)

[2015] NSWCCA 200

Consp s.29D (Cth) [20y]

 

s.135.4(5) (Cth) [10y]

 

Consp s.29D (Cth) [20y]

 

s.135.4(5) (Cth) [10y]

$5m loss to Cth

VG

 

 

 

 

 

VG

8y 11m

NPP 6y 8m

 

 

 

 

500h CSO

AD

 

 

 

 

 

Crown AA

3y 6m

NPP 2y 3m

Nil

 

 

Nil

Tax fraud scheme

A involved in deliberate, calculated, systematic and repeated frauds over ten years – close to worst case – financial advantage

Z – became involved as young and naïve accountant due to employment over 7 years – influenced by corrupt employer – no direct financial benefit – made some attempt to stop involvement – good character – married with young children – delay caused significant stress to family – loss of profession

Subramaniam

(36-40)

[2013] NSWCCA 159

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

 

3 x dealing with proceeds of crime

$45,388,249

PG

(25%)

Agg

15y

NPP 7y

AA

Agg

11y

NPP 6y

 

Female senior financial accountant for financial institution – used position to transfer funds from corporate accounts over five years – purchased property and luxury goods and gave gifts

Some reparation made although shortfall – personality disorder – sexually abused as a child – prospects of rehabilitation

De Angelis

(50)

[2015] NSWCCA 197

14 x s.176A (NSW) [10y]

 

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

$8.5m

PG

(12.5%)

12y

NPP 7y 6m

ADNil

2004-2010 – director of registered music company – persuaded 16 victims to invest large sums of money – made extravagant false claims about financial and social standing and association with significant world figures – gave victims false information about finances – company had no real business dealings and was under threat of deregistration by ASIC

Difficult childhood as orphan

Dickson (No.18)

(50)

[2015] NSWSC 268

Beech–Jones J

Proceeds of crime offence

 

s 135.4(5) (Cth) [10y]

$135 millionVG 

11y

NPP 7y

nil

Tax fraud in worst category of offence – conspiracy to deal with proceeds of crime very serious example of offence - offender and co-conspirator were directors of company - agreed to make false depreciation claims in company tax returns – sham agreements to acquire medical technology as basis for depreciation claims – submission of false material to Australian Tax Office to support claims – extent of loss or risk of loss $135 million – personal benefit - dishonest and fraudulent tax scheme on a large scale - high degree of planning and sophistication.

Prior good character – well-educated, employed

Sigalla

(51 at sentence)

[2016] NSWSC 52

Adamson J

24 x s.184(2)(a) (Cth) [5y]Over $8.6mVG

10y

NPP 6y

 Nil relevant

Dec 2006 - Mch 2009 – company director helped himself to funds and shares – gross dereliction of duties – damage to investor confidence in public company

No remorse

Afiouny

(33)

[2017] NSWCCA 23

s.135.1(5)$17.7m

PG

(25% - plea and assist)

20m

NPP 8m

(cumulative to existing sentence)

ADBreached bail for bribery offence

Significant role as advisor in sophisticated and concerted scheme to illegally import cigarettes and tobacco – not principal and not involved in selling or distribution – actual loss of duty $3.5m – potential loss of further $14.2m – mid range offence

Limited assistance to authorities

Upadhyaya

[2017] NSWCCA 162

10 x s.176A (NSW) [10y]

 

4 x s.192E (NSW) [10y]

$10.75mVG

12y

NPP 7y 9m

AD August 2005-Dec 2010 – director of business – deliberate, systematic and sustained defrauding – falsely inflated invoices in ordering goods from companies owned by offender – on one occasion ordered goods and had them delivered to own company

 Last updated: 27.11.2017

 


 

Table of Offences

OffenceSectionActMaximum Penalty
Larcenys.117Crimes Act 1900 (NSW)5 years
Steal, embezzle or for fraudulent purpose destroys etc whole or part of valuable securitys.134Crimes Act 1900 (NSW)5 years
Larceny by clerk or servants.156Crimes Act 1900 (NSW)10 years
Embezzlement by clerk or servants.157Crimes Act 1900 (NSW)10 years
Falsification of accounts by clerk or servants.158Crimes Act 1900 (NSW)5 years
Agent misappropriates money entrusted to him or hers.165Crimes Act 190010 years
Trustee fraudulently disposes of propertys.172Crimes Act 190010 years
Director of company or member of body corporate fraudulently appropriate property of company or body corporates.173Crimes Act 1900 (NSW)10 years
Director falsifies books with intent to defrauds.175Crimes Act 1900 (NSW)10 years
Cheat or defraud as director or member of body corporate or public companys.176ACrimes Act 1900 (NSW)10 years
Fraudulent misappropriation of money collected or receiveds.178ACrimes Act 1900 (NSW)7 years
Pass valueless cheque with intent to defrauds.178BCrimes Act 1900 (NSW)1 year
Obtain valuable thing by deceptions.178BACrimes Act 1900 (NSW)5 years
Obtain valuable thing by false or misleading statements.178BBCrimes Act 1900 (NSW)5 years
Obtaining credit by frauds.178CCrimes Act 1900 (NSW)1 year
Obtain property by frauds.179Crimes Act 1900 (NSW)5 years
Dishonestly by deception obtain property or financial advantage or cause financial disadvantages.192ECrimes Act 1900 (NSW)10 years
Corruptly receive or solicit commission or rewards.249BCrimes Act 1900 (NSW)7 years
Forging wills.271Crimes Act 1900 (NSW)14 years
Make false instrument / use false instruments.300 (1) & (2)Crimes Act 1900 (NSW)10 years
    
Obtains valuable thing from Commonwealth by false pretencess.29ACrimes Act 1914 (Cth)5 years
Imposition on Commonwealths.29BCrimes Act 1914 (Cth)2 years
Defraud Commonwealths.29DCrimes Act 1914 (Cth)10 years
Conspiracy to Defraud Commonwealths.29D / s.86(2)Crimes Act 1914 (Cth)20 years
Steal, fraudulently misappropriate or fraudulently covert to own use Commonwealth propertys.71(1)Crimes Act 1914 (Cth)7 years
Conspiracy to defrauds.86ACrimes Act 1914 (Cth)20 years
    
Officer of corporation providing false informations.564(1)Companies (NSW) Code2 years
    
Open account / operate account in false names.24(1) / 24(2)Financial Transactions Reports Act 1988 (Cth)2 years
Conduct transactions to avoid reporting requirementss.31Financial Transactions Reports Act 1988 (Cth)5 years
    
Make false / misleading statement in support of claim for Commonwealth benefits.62(1)National Health Act 1953 (Cth)5 years
    
Fraudulently omitting to account for deposits.88(a)(i)Property, Stock and Business Agents Act 1941 (NSW) (since repealed)10 years
Fraudulently convert property to own uses.88(b)(i)Property, Stock and Business Agents Act 1941 (NSW) (since repealed)10 years
    
Being reckless and failing to discharge duties as director in good faith and in the best interests of the companys.184(1)(a)Corporations Act 2001 (Cth)5 years
Being intentionally dishonest and failing to discharge duties as director in good faith and in the best interests of the companys.184(1)(b)Corporations Act 2001 (Cth)5 years
A director, other officer or employee uses position dishonestly with intention of directly or indirectly gaining advantage for themselves or someone else, or causing detriment to corporations.184(2)(a)Corporations Act 2001 (Cth)5 years
A director, other officer or employee uses position dishonestly reckless as to whether the use may result in themselves or someone else directly or indirectly gaining an advantage or causing a detriment to corporations.184(2)(b)Corporations Act 2001 (Cth)5 years
Being privy to fraudulent altering of books of companys.590(1)(c)(iii)Corporations Act 2001 (Cth)2 years
Authorise issue of prospectus with material omissions.996(1)Corporations Act 2001 (Cth)5 years
Disseminating information knowing it was false in a material particular, and which was likely to induce purchase of sharess.999Corporations Act 2001 (Cth)5 years
Dishonest conduct in course of carrying on a financial services businesss.1041G(1)Corporations Act 2001 (Cth)5 years - increased to 10 years
Make materially misleading statement likely to induce person to acquire financial productss.1041E(1)Corporations Act 2001 (Cth)5 years - increased to 10 years
Make or authorise misleading statement in document required for purposes of Corporations Laws.1308(2)Corporations Act 2001 (Cth)2 years
    
Officer knowingly or recklessly failed to act honestly in exercise of power and discharge of dutiess.232(2)Corporations Law (Cth)5 years
An officer or employee of a corporation must not, in relevant circumstances, make improper use of his or her position as such an officer or employee, to gain, directly or indirectly, an advantage for himself or herself or for any other person or to cause detriment to the corporation.s.232(6)Corporations Law (Cth) 
    
Theft from Commonwealth entitys.131.1Criminal Code (Cth)10 years
Obtain financial advantage by deceptions.134.2Criminal Code (Cth)10 years
Dishonestly intend to gain or cause loss to Commonwealth entitys.135.1Criminal Code (Cth)5 years
Conspiracy to defraud Commonwealth entitys.135.4Criminal Code (Cth)10 years

 

 

 

 

 

 

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