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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 - s.178BA Crimes Act (NSW) 

(NSW) Crimes Act 1900
s.178BA – Obtain money by Deception
Maximum penalty – 5 years
Repealed 22.2.2010 

Case
(age if known)

Offence AmountPleaOriginal SentenceAppealRecordFacts

Newey

NSWCCA

23.8.1990

23 x s.178BA$818,299PG

MT 4y 6m

AT 1y 6m

ADNil

Office manager for accountants forged letters of authority to withdraw money from trust accounts over ten month period.

Full co-operation with authorities upon arrest - gambling.


Doherty

(32)

NSWCCA

5.11.1991

65 x s.178BA

 

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

 

Sched:

8 x s.178BA

$231,827PG

2y PD

4y GBB

Crown AA

MT 2y

AT 2y

forgery and false pretences: non-custodial sentence

Claims examiner for insurance company created dummy files to obtain cheques payable to non-existing claimants over two years.

Full disclosure once exposed - efforts made to repay, including sale of house - gambling addiction.

Barbarian

(24)

NSWCCA

5.10.1993

Att s.178BA

 

 

s.156 (NSW) Crimes Act [10]

 

s.179 (NSW) Crimes Act [5y]

 

Sched:

17 dishonesty offences

$63,500PG

MT 9m

AT 1y

 

FT 1y 6m

 

 

FT 9m

 

Total

MT 3y

AT 1y

AD19 dishonesty offences - on bond for dishonesty – breached bailStole cheque book from employer while on bail and forged signature.

De Silva

(22)

NSWCCA 14.12.1993

8 x s.178BA

 

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

 

Sched:

48 x s.178BA

$112,000PG

MT 1y 6m

AT 6m

ADPrior driving only

Ringleader of scheme to dishonestly obtain money over 2.5y from employer, a financial institution - large part of money went to co-offender.

Gambling - assistance against co-offender.

Munday

NSWCCA

14.4.1994

4 x s.178BA

 

Sched:

38 x s.178BA

$21,000PG

MT 2y

AT 8m

AA

MT 1y 7m

AT 13m

Priors of similar nature - in breach of bond and PD.

Sales assistant sold goods to individuals at TAFE who paid in cash over six weeks - billed college and kept cash

On appeal took into account accumulation on previous sentence

Cardwell

(58)

 

Butcher

(41)

 

NSWCCA

23.5.1994

12 x s.178BA$200,000VG

MT 2y 3m

AT 9m

ADNilSales manager (B) and weighbridge officer (C) for quarry company - over four year period organised contracts worth $2m and took 10% for themselves without authority.

Kermali

(29)

NSWCCA

6.7.1994

5 x s.178BA

 

2 x s.300(2) (NSW) Crimes Act [10y]

 

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.

Holmwood

NSWCCA

25.10.1995

s.178BA

 

 

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

 

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

 

Sched:

13 offences

$571,000 +PG

FT 3y

 

 

MT 4y

AT 2y

 

FT 3y

 

(all concurrent)

ADNilSolicitor defrauded clients over four years.

Hodges

NSWCCA

4.3.1996

4 x s.178BA

 

Sched:

4 x s.178BA

 VG

MT 2y 6m

AT 18m

ADLong history of dishonestyObtained equipment for fictitious office – premeditated scheme


Psaroudis

(40)

NSWCCA

1.4.1996

38 x s.178BA

 

 

s.117 Crimes Act (NSW) [5y]

$40,000PG

MT 1y

AT 1y

 

FT 9m

(concurrent)

ADon recognisance for similar offence

Female - embezzled from employer $20,150 - stole identification items from sister-in-law allowing further larceny

Gambling.

Nelson

NSWCCA

23.5.1996

Att s.178BA VG

MT 18m

AT 6m

AD Attempted to obtain money by blackmail – fabricated threat against complainant - agreed to accept $15,000

O'Neill

NSWCCA 24.7.1996

12 x s.178BA

 

Sched:

59 offences

$1,063,000PG

MT 6y 6m

AT 3y 6m

ADsimilar type offences

Payroll supervisor for large company committed offences over three years using computer accounting procedures - no money recovered

Gambling.

Cooper

NSWCCA

22.8.1996

5 x s.178BA

 

Sched:

11 x 178BA

Possess proh drug

 PG

MT 8m

AT 10m

Crown AD 

Fraudulently obtained then sold pagers and mobile phones.

Failure to give promised assistance - delay

Vickers

 

 

 

 

Fearon.

 

NSWCCA 17.10.1996

15 x 178BA

 

Sched

34 offences

 

8 x s.178BA

 

Sched

9 offences

$16m: bank loss of $3.345m

 

 

$6m:  bank loss of $1.97m

 

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 equal

Wratten

NSWCCA

16.12.1996

s.178BA

 

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

$500,000+PG

MT 4y 6m

AT 18m

AA

MT 3y

AT 2y

nil

Insurance and investment adviser misappropriated client money over four years.

Some money repaid

Jarjoura

(31)

NSWCCA

9.4.1997

s.178BA

 

 

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

 

Sched

3 x s.178BA

4 x s.178BB

$300,000+PG

MT 12m

AT 12m

 

MT 2y

AT 2y

 

(all concurrent)

ADnil

Employee of Commonwealth Bank milked accounts over 2 years

Genuine remorse - admissions to additional offences - gambling and unresolved grief over brother's death.

Durrant

NSWCCA

11.6.1997

10 x s.178BA

 

 

s.156 (NSW) Crimes Act [10y]

 

Sched:

83 x s.156

$349,401PG

FT 12m

 

 

MT 3y

AT 2y

 

(all concurrent)

AA

FT 12m

 

MT 2y 3m

AT 1y 3m

 

(all concurrent)

NilFemale - managed trust accounts at real estate - systematic and repeated fraudulent transactions over 3y 6m - tried to cover up by rewriting books.  Gambling problem - reimbursed $67,010.

Crowl

NSWCCA

10.7.1997

7 x s.178BA

 

 

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

$937,584VG

MT 2y

AT 12m

 

FT 12m

 

Total

MT 3y

AT 1y

ADNilAccountant misappropriated money received from clients for investment.

Dodge

(36)

NSWCCA

12.9.1997

4 x s.178BA

 

Sched:

s.178BA

$54,424PG

MT 21m

AT 7m

ADExtensive record for dishonestyFalsely obtained and used advance of credit from retail shops

Hitchcock

NSWCCA

13.7.1998

10 x s.178BA

 

2 x Att s.178BA

 

Sched:

227 offences

$400,000PG

30m

3y GBB

Crown ADSome offences committed on bail – extensive recordUsed aliases and false cheques to obtain goods and loans over several years

Petroff

NSWCCA

20.7.1998

5x s.178BA

 

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

 VG

MT 12m

AT 12m

AA

MT 11m

AT 11m

dishonesty

on recog

Telephoned people claiming to be a solicitor representing men seeking bail - sought money for surety - six times money changed hands.

Sentence reduced because one count quashed.

Francipane

NSWCCA 23.12.1998

s.178BA$220,000VG

MT 4y

AT 2y

AA

MT 3y

AT 1y

nil record

Wrongfully obtained money from V by lying about the purpose it was to be used for.  Solicitor / client relationship an aggravating factor.

No money recovered.

Sentence reduced because second count of s.178BA quashed on appeal

Battiato

[1999] NSWCCA 44

s.178BA$490 000PG

MT 2y 6m

AT 2y

AA

MT 2y 3m

AT 1y 9m

 

Female - employee of bank altered accounts over 3 year period

Judge failed to give sufficient weight to co-operation and assistance by applicant.

Heslehurst

[1999] NSWCCA 183

3 x s.178BA

 

Sched:

40 x s.178BA

FTA

 PG

MT 18m

AT 18m

ADPersistent fraudsterObtained money from several persons for sale of fictitious cars

Williams

(67)

[1999] NSWCCA 244

11 x s.178BA

 

Sched:

6 x s.178BA

$46,835PG

MT 3y

AT 1y

AD Over 18m obtained money from elderly ladies – permanent loss

Spelling

[1999] NSWCCA 273

4 x s.178BA

 

Sched:

9 x dishonesty offences

$56,000PG

3y 4m

NPP 2y 6m

ADDishonesty offencesFraudulently obtained credit loans from banks – fourth offence involved BMW

Szeto

[1999] NSWCCA 296

s.178BA$318,910PG

MT 3y

AT 1y

AA

MT 2y 3m

AT 9m

Nil

33 fraudulent orders for computer equipment – Accounts Manager over six month period

No restitution

P Child

(49)

 

 

 

 

J Child

(28)

 

[1999] NSWCCA 407

s.178BA

 

3 x s.178A (NSW)

Crimes Act [7y]

 

 

3 x aiding and abetting s.178A (NSW) Crimes Act [7y]

$906,291

VG

 

 

VG

FT 2y

 

MT 4y

AT 1y 4m

(concurrent)

 

MT 2y 6m

AT 10m

ADNil

Father and son set up company - received money from clients and used it other than in accordance with terms received.

Father dominant offender

Both suffering hereditary brain damage - son suffering frontal lobe damage.

Aliperti

(50)

[2000] NSWCCA 315

s.178BA

 

Sched:

6 x s.178BA

s.178A

$400,000VG

MT 3y 9m

AT 1y 3m

AA

4y

NPP 3y

Nil

Solicitor misappropriated money given to him by clients for purpose of investment - serious breach of trust.

Failure to take into account substantial delay between arrest and trial.

Chan

(34)

[2000] NSWCCA 345

27 x s.178BA$578,000PG

5y

NPP 3y

ADnil

Approved personal loans for fictitious clients while working at bank as investment manager over 6 months period.

Gambling addiction.

Sinanovic

[2000] NSWCCA 386

2 x s.178BA$63,2000VG

MT 1y 2m

AT 16m

ADNot statedObtained money from male acquaintance for lucrative foreign exchange rate

Douihi

(49)

[2000] NSWCCA 521

s.178BA

 

 

 

2 x Larceny (NSW) Crimes Act [5y]

 

2 x s.300(1) (NSW) Crimes Act [10y]

 

Sched:

7 offences

$19,274 / $13,000

 

 

 

 

 

 

$19,000

PG

3y 6m

NPP 18m

 

 

FT 6m

(concurrent)

 

 

FT 6m

(concurrent)

AA

3y 4m

NPP 18m

 

FT 6m

(concurrent)

 

 

FT 6m

(concurrent)

Dishonesty – breached bond

While residing in motel for several months made false representations to proprietor – suggested offender was a diplomat and in financial position to invest – ran up unpaid bills – in unrelated offences stole and used cheques from office of acquaintance

 

Prasad

(23)

[2000] NSWCCA 539

12 x s.178BA

 

Sched:

87 similar offences

$1,069,290PG

5y 3m

NPP 4y 6m

AA

5y 3m

NPP 3y 9m

NilFemale claims officer in insurance company verified 99 fraudulent cheques.

Robinson

[2000] NSWCCA 556

89 x s.178BA$85,131PG

MT 18m

AT 2y 6m

ADprior bond for larceny as clerk from bank - $23,000

Stole money from employer over 18 months - obtained loan from bank by providing false information

Mother of three young children with gambling problem - family moved to Western Australia.

Willard

(31)

(2001) 120 A Crim R 450

NSWCCA

2 x Att s.178BA

 

Sched:

Fraud offence

 PG

12m

NPP 4m

(concurrent)

ADRecord for dishonesty

Female – applied for payout on life insurance policy falsely claiming husband had died – forged medical certification of death and claimed could not obtain death certificate – tried a second time with different policy and company – no money paid out on either policies - used fraudulent representation to obtain jeep

Mother to young children

Lakalaka

[2001] NSWCCA 31

s.178BA

 

 

6 x s.178BA

 

 

Impersonate police officer

 

Impersonate public officer

 

Sched:

13 offences

Total:

$91,120

PG

4y

NPP 2y 6m

 

FT 12m

(concurrent)

 

FT 6m

(concurrent)

 

FT 6m

(concurrent)

ADDishonesty offences – breached bondFalsely represented himself as Federal Police officer working for Immigration department – took money to assist with residency application from two victims on several separate occasions – impersonated public officer and police officer on separate occasions

Phillis

(23-24)

[2001] NSWCCA 91

15 x s.178BA

 

 

 

1 x Possess counterfeit money

 

Sched:

56 x s.178BA

$240,329PG

MT 18m

AT 12m

 

 

6m

 

Total:

MT 2y

AT 12m

AA

MT 18m

AT 12m

 

1m

 

Total

MT 19m

AT 12m

some offences committed while on bail - driving offences

Committed offences in attempt to keep business going and pay creditors - offences committed over ten month period - found counterfeit notes and attempted to spend them.                                               mpt made to spend that money was counterfeit.

Father of one child

De Souza

[2001] NSWCCA 94

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

 

4 x s.300(2) (NSW) Crimes Act [10y]

 

s.178BA

 

Sched:

66 similar offences

$1.5mPG

MT 4y

AT 3y

 

 

FT 4y

 

 

 

FT 4y

 

(all concurrent)

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

Tripodina

(33-36)

[2001] NSWCCA 136

10 x s.178BA

 

Sched:

42 x s.178BA

$400,000PG

6y 6m

NPP 4y 6m

ADnil

Used position as financial controller to defraud company over three and a half years - senior position.

Remorse - pathological gambling problem - depression - some compensation made - steps taken to overcome gambling problem.

Hawker

[2001] NSWCCA 148

9 x s.178BA

 

Sched:

35 offences

$560,000

PG

(25%)

6y

NPP 3y 6m

AD 

Employee of bank involved in removing money through home lending scheme with co-offender - offences committed over three year period.

Used money for gambling.

Farlow

(41)

[2001] NSWCCA 348

12 x s.178BA

 

Sched:

13 similar offences

$480,970PG

4y

NPP 2y 6m

ADnil relevant

Clerical assistant at university raised cheques on false purchase orders - money stolen over eight years - breach of trust.

Used money to assist family - traumatic childhood - 3y old child with serious health problems

Keong

(34)

[2001] NSWCCA 416

6 x s.178BA

 

 

2 x s.300(2) (NSW) Crimes Act [10y]

 

Sched:

2 x GIC

$138,000PG

4y

NPP 3y

 

4y

NPP 3y

(concurrent)

ADNilFlew out from Malaysia on tourist visa – became involved in relatively sophisticated fraud banking stolen cheques using false identities – number of accounts at different banks

Trim

(65)

[2002] NSWCCA 82

2 x s.178BA$445,653.10

PG

(25%)

6y 9m

NPP 4y

AA

6y

NPP 3y

nil

Clerk to accountant - over six years forged cheques and created false instruments - breach of trust

Gambling addiction - remorse - age and health

Burke

(41)

[2002] NSWCCA 353

39 x s.178BA

 

11 x s.300(2) (NSW) Crimes Act [10y]

$4,490,563

$923,150

PG

(20%)

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 – six year period - gross breach of trust

Jones

(47)

[2002] NSWCCA 494

5 x s.178BA

 

Sched:

46 dishonesty offences

$114,406

PG

(20%)

2y 8m

NPP 1y 8m

ADNil

Obtained motorcycle using false bank cheques

Out of character – bi polar disorder

Bojan

(50)

[2003] NSWCCA 45

4 x s.178BA$5,200VG

3y

NPP 2y

ADon parole for similar offencesPromised victim glazing and gyprock contract if paid money - made promise on four occasions and received four payments - criminal scheme conducted by well-educated offender

Royal

(24)

[2003] NSWCCA 260

7 x s.178BA

 

Sched:

6 offences

$348,000

PG

(20%)

3y 3m

NPP 2y 1m

ADNilFemale - sophisticated scheme to defraud banks with co-offenders – stolen cheques and fictitious names - under influence of co-offender

Kearns

[2003] NSWCCA 367

4 x s.232(6) (Cth) Corporations Law [5y]

 

3 x s.178BA

 

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

$730,000+VG

FT 2y

 

 

 

FT 2y

 

3y

NPP 18m

 

Total:

6y

NPP 4y 6m

AD Made improper use of position as officer of company to cause four payments to be made to own company – deceitfully obtained bank cheques from company – dishonestly obtained funds from investors

O'Brien

[2003] NSWCCA 440

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

 

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

 

24 x s.178BA

$479,093PG

3y 6m

NPP 2y 8m

 

3y

NPP 2y

 

2y

NPP 16m

 

Total:

3y 6m

NPP 2y 8m

AD Acted as customs agent to four companies failing to tell them he was not registered – falsified documents to both Customs and companies – misappropriated cheques

Wasson

(37)

[2004] NSWCCA 200

Consp s.178BA PG

2y

NPP 18m

ADRecord includes minor dishonesty off

Female – conspired with two others to make false report of motor vehicle theft – intended to make insurance claim – mastermind

Sole carer of son

Fell

[2004] NSWCCA 235

 

14 x s.178BA

 

Sched:

70 x s.178BA

$326,324

 

$216,349.50 on Sched

PG

(25%)

22m - suspendedCrown ADNil

Defrauded employer by swiping his key card in his employer's records so transactions appeared genuine credit or refund to customer but was automatically credited to offender's bank account.

Voluntarily refunded $279,844.45 – remorse - psychiatric disorder – steps taken to rehabilitation

Hill

(53)

[2004] NSWCCA 257

2 x s.178BA

 

Sched:

3 x s.178BA

Possess proh weapon

$750,000

PG

(20%)

5y 4m

NPP 4y 6m

AA

5y 4m

NPP 4y

Dishonesty offencesIraqi male – falsely represented had access to money through Saudi royal family – arranged loans – used false documentation – high degree of planning

Tabar

(50)

[2005] NSWCCA 165

s.178BA

 

 

s.178BA

 

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

$28,000

 

 

$5,000

PG

(10%)

3y 8m

NPP 2y 6m

 

FT 12m

 

FT 2m

 

Total:

4y 8m

NPP 3y 6m

ADBreached parole – dishonesty offencesDeveloped relationship with female childhood acquaintance and convinced her to lend him $28,000 – told her he was a doctor expecting millions from overseas – showed her American bank cheque for $50m – obtained lesser amount from service station proprietor – used two valueless cheques to purchase goods worth $535 and $292.60

Araya

(30 at sentence)

(2005) 155 A Crim R 555

5 x s 178BA

 

Att s.178BA

$18,104

PG

(15%)

3y 6m

NPP 2y

AD5 priors, none serious

Booked plane tickets with credit cards over 15 months – fake ID

No repayment – stable relationship – son from previous marriage – self-employed – remorse

Kilpatrick

(45 at sentence)

(2005) 156 A Crim R 478

65 x s.178BA$2.6mPG

7y

NPP 4y 6m

ADPCAPart of syndicate – large amounts of money obtained from financial institutions using non-existent or wrongly valued property as security – fraudulent use of credit cards to purchase goods

Denigris

[2005] NSWCCA 228

7 x s.178BA

 

 

 

s.178BA

 

 

s.178BA

 

 

s.178BA

 

 

s.300(1) (NSW) Crimes Act [10y]

 

s.300(2) (NSW) Crimes Act [10y]

 

Money laundering [20y]

See factsPG

3y

NPP 12m

 

 

3y

NPP 12m

 

2y

NPP 12m

 

18m

NPP 12m

 

18m

NPP 12m

 

18m

NPP 12m

 

FT 12m

 

Total:

6y

NPP 4y

3y

NPP 12m

 

 

FT 9m

 

 

2y

NPP 12m

 

18m

NPP 12m

 

18m

NPP 12m

 

18m

NPP 12m

 

FT 6m

 

Total:

6y

NPP 4y

DishonestyObtained loans totalling $354,211 for computer equipment never purchased – on seven occasions used fictitious names and on one occasion used name of co-offender – withdraw $84,000 of money received to purchase bank cheque (money laundering) – purchased machinery worth $7,950 using stolen cheque – made then submitted application for credit card using false name and obtained $13,696 [s.178BA / s.300(1) / s.300(2)]

Pike

[2006] NSWCCA 32

s.178BA$10,000VG

14m

NPP 7m

PD

AD 

Falsely represented to male acquaintance he was a solicitor – given $10,000 for investment

Conviction appeal against 6 similar offences allowed

Mitchell

(45 at sentence)

[2006] NSWCCA 72

13 x s.178BA$302,099.34

PG

(25%)

8y

NPP 5y

AA

5y

NPP 3y 2m

 

Accountant for charity organisation stole money over three years – not sophisticated scheme – breach of trust

No restitution - remorse

Scanlan

[2006] NSWCCA 238

4 x s.178BAOver $400,000VG

4y

NPP 3y

ADNil

Female employee stole from company over two years – position of trust – high degree of planning

No restitution – gambling addiction

Galaxidis

[2006] NSWCCA 154

s.178BA

 

2 x s.178BA

 

 

16 x s.178BA

 

Supply proh drug

See factsPG

FT 2y

 

3y

NPP 18m

 

FT 6m

 

FT 12m

 

Total:

6y

NPP 4y 6m

 Nil

Used false documents in relation to sale of Porsche to obtain $195,000 finance – used false documents to obtains loans of $1,150,000 and $190,000v – obtained details of credit cards from corrupt bank officer and purchased goods and services by telephone – supplied 20.33g methamphetamines to undercover police officer

Remorse – history of hardworking – some assistance

Assi

(44)

[2006] NSWCCA 257

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

 

 

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

 

s.178BA

 

 

s.178BA

 

Sched:

3 x s.178A

3 x s.178BA

$222,000

PG

(10%)

5y

NPP 3y

 

 

4y

NPP 2y

 

 

FT 3y

 

 

3y 6m

NPP 9m

 

Total

7y 6m

NPP 4y 9m

AA

5y

NPP 3y

 

4y

NPP 2y

 

 

FT 3y

 

 

3y 6m

NPP 6m

 

Total

7y 6m

NPP 4y 6m

Breached bail and parole – similar offences

Disqualified solicitor defrauded several clients

Appeal allowed to correct small error.

Itaoui

[2006] NSWCCA 273

9 x s 178BA

 

Sched:

10 x s.178BA

Att s.178BA

$424,198.52

PG

(approx 25%)

3y 6m

NPP 2y

AD Legal clerk stole from trust account

Pollard

(36)

[2006] NSWCCA 405

29 x s.178BA$92,164.48PG

2y

NPP 15m

Suspended

Crown ADNil

Accounts supervisor at University transferred money to own account over three months

Financial pressures – major depressive illness – remorse

Sentence inadequate but appeal dismissed in exercise of discretion

Hyman

[2007] NSWCCA 47

9 x s.300(1) (NSW) Crimes Act [10y]

 

9 x s.300(2) (NSW) Crimes Act [10y]

 

2 x s.178BA

 

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

Kutchera

[2007] NSWCCA 121

s.178BA PG

18m

NPP 9m

AA

18m

NPP 9m

Suspended

Nil

With other presented stolen bank cheque in order to obtain $415,000 Lamborghini – intended to sell car – ill-conceived criminal enterprise – lacked planning an sophistication

American – genuine remorse – 20m on bail

Hare

(37-39)

[2007] NSWCCA 303

 

14 x s.178BA

 

Sched:

12 x s.178BA

Approx $2m

PG

(25%)

5y

NPP 3y 3m

Crown ADNil

Took money from friends and associates to invest in share trading – no money invested – offences committed over 2.5y with six victims

Cocaine, alcohol and gambling addiction – hardship of imprisonment on autistic son – good prospects of rehabilitation

Todorovic

(28)

[2008] NSWCCA 49

8 x s.178BA

 

Sched:

56 x s.178BA

Approx $160k

PG

(20%)

3y

NPP 2y

PD

Crown ADNil

Accounts manager for small company – transferred payments into own account.

Sentence inadequate but Court declined to intervene - little mitigation in gambling addiction – material since sentence including illness

R Blundell

(42)

[2008] NSWCCA 92

 

4 x s.178BA

 

Sched:

3 x s.178BA

s.178A

s.178BB

$16,920.39

PG

(25%)

18m

NPP 6m

AA

400h CSO

Nil

Insurance brokerage business – took money from clients and failed to pay insurance premiums

Delay

Marks

[2009] NSWCCA 24

4 x s.178BA

 

Att s.178BA

$185,425

 

$118,800

PG

5y

NPP 3y 9m

AA

3y 5m

NPP 2y 9m

Record – no prior imprisonment

Employee of Health department made false claims for payments for staff training over 2.5 months – breach of trust

History of mental illness – delay - contrition

Gaffney

[2009] NSWCCA 160

8 x s.178BA

 

Sched:

4 x s.300(1)

4 x s.300(2)

$3.943m

PG

(25%)

8y

NPP 5y

AA

6y

NPP 5y

 

Senior bank officer stole money over 22 months – planned offences – abuse of trust

Good prospects of rehabilitation – gambling addiction

Golubovic

[2010] NSWCCA 39

6 x s.178BA

 

Sched:

34 offences

$270,000

PG

(40% plea and assist)

3y

NPP 18m

AD Offences committed over 12 months – dishonestly used credit card details to obtain electrical goods, hair products, plane tickets and accommodation- used false documentation to obtain bank loans – extensive and sophisticated series of criminal acts

Dela Cruz

(34)

[2010] NSWCCA 333

s.178BA

 

 

 

s.178BA

 

 

s.193B(2) (NSW) Crimes Act [15y]

 

Sched:

2 x s.178BA

$21,930.22

 

$53,740

 

$406,725.16

 

$35,459.22

PG

(25%)

3y

NPP 2y

 

 

3y

NPP 2y

 

3y 5m

NPP 1y 2m

 

Total:

6y 9m

NPP 4y 6m

AA

3y

NPP 2y

 

3y

NPP 2y

 

3y 2m

NPP 1y 2m

 

Total:

6y

NPP 4y

 

Female senior accounts clerk transferred $21,930.22 and $53,740 to own account and withdrew money – stole further $406,725.16 – changed companies and stole further $35,459.22

Element of double punishment in making sentenced for proceeds offence partially cumulative

Vaughan

[2011] NSW CCA 4

5 x s.178BA(1)

 

Sched:

5 x s.178BA(1)

$2,768,598

PG

(25%)

5y

NPP 3y

ADnil

Female account keeper and personal assistant to manager in company – unauthorised use of signature stamp on cheques and unauthorised internet transactions – 417 transactions over seven years – supported lavish lifestyle

Voluntary returned to Australia from London – suffering bipolar disorder at time of offence – prospects of rehabilitation – some restitution

Job

(42)

[2011] NSWCCA 267

7 x s.178BA

 

 

4 x s.178BA

 

4 x s.249B (NSW) Crimes Act [7y]

$106,500

PG

(40% plea and assist)

FT 18m

 

 

FT 18m

 

3y

NPP 1y

 

Total:

5y

NPP 3y

AA

FT12m

 

FT 12m

 

3y

NPP 1y

 

Total:

4y

NPP 2y

Nil

Operations manager at RTA – used position to defraud RTA on behalf of friend of family – approved payment of false invoices – contracted work without tender process – total amount defrauded $300,000 – received $106,500 for involvement

Genuine remorse – intention to make restitution – mental illness

Bangaru

[2012] NSWCCA 204

4 x s.178BB (NSW) Crimes Act  [5y]

 

4 x s.178BA

 

5 x s.178BA

$3.7m

$19.8m

VG

FT 2y 6m

 

 

 

FT 2y 6m

 

3y 6m

NPP 1y 4m

 

Total

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

Subramaniam

(36-40)

[2013] NSWCCA 159

23 x s.178BA

 

3 x s.193B(2) (NSW) Crimes Act [15y]

$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

McKittrick

(65-66)

[2014] NSWCCA 128

4 x s.178BA

 

Sched:

10 offences

Net loss of $1,095,314

PG

(25%)

6y 6m

NPP 5y

AA

6y 6m

NPP 4y

 

Female – took money from persons promising to invest – failed to do so - significance of general deterrence to white collar offences

Poor health – delay

Luong

(37)

[2014] NSWCCA  129

s.178BA$730,000

PG

(25%)

3y 6m

NPP 1y 6m

ADImport drugs

Previously worked as a real estate agent – fraudulently told victim he could sell him a property which was not really for sale – took money from victim over three years.

Offence committed due to large debts owed from gambling problem.

Kerr

(46)

[2014] NSWCCA 235

11 x s.178BA(1)

 

2 x s.300(2) (NSW) Crimes Act [10y]

 

26 x s.193B(1) (NSW) Crimes Act [15y]

$246,461.25VG

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 and some money transferred back to company over four months – planned and protracted criminal activity

Suffering depression

El-Hilli

(64)

 

 

Melville

 

[2015] NSWCCA 289

2 x s.178BA

 

 

 

2 x s.178BA

$600,000

VG

 

 

 

VG

5y

NPP 4y 2m

 

 

2y 3m

NPP 1y 3m

AD

 

 

 

AD

Possess firearm, armed rob, s.178BA

 

Nil

2008 - EH held himself out as having access to significant capital available to business people in financial stress without access to funds from conventional lenders - M was agent who negotiated proposed loan transactions - M paid fee to secure and guarantee loans - once fees were paid offenders left country - loan funds not provided – fees not repaid.

EH - planned offences and recruited M

M - female - lesser role - good character

Wiriyanjara

(Aged 32 – 37 at time of offences)

[2016] NSWCCA 167

27 x s.178BA$963,900VG

8y

NPP 5y

ADDemand money; fraud; impersonating a police officer; break and enter with intent; stealing

2004 to 2009 - three victims - motivated by greed - told lies in order to extract money from victims

No remorse.

Siwek

(70)

[2017] NSWCCA 178

5 x s.192E(1)(b) (NSW) Crimes Act [10y]

 

4 x s.178BA(1)

 

Sched:

3 x s.178BA

$1.7 millionPG

Agg

6y

NPP 3y 8m

ADNil

2005 – 2012 – offences committed over period of nine years - worked as accounting manager with multi-national corporation based in America  which banked with Australian bank – entrusted with task of sending electronic funds transfers - transferred funds to bank account to which he had access - breach of trust.

Good character – gambling addiction – repaid $450k

Last updated 11/12/2017

 

 

 

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