Legal Research > Sentencing Tables

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 

s.300(1) Make false instrument (10 years)
s.300(2) Use false instrument (10 years)

CaseOffenceAmountPleaSentenceAppealRecordFacts

O'Keefe


NSW CCA
11.6.1992

9 x s.300(1)
9 x s.300(2)

Sched:
175 offences

$80,663

PG

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, over 20 months. Paid for living expenses.
Full restitution made. Genuine contrition and remorse.

Wales


NSW CCA
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 use of American Express card belonging to someone else.

Santos
(48)


NSW CCA 28.6.1995

13 x s.300(1)

Sched:
68 x s.300

$474,055

PG

MT 2y 9m
AT 1y 9m
(25% discount for assistance)

AD

Nil

Accountant defrauded employer by making out false cheques over 4 years. Gambling. Admitted offences to employer when became aware of audit. Some assistance re tax offences.

Cofini
(37)
NSW CCA
4.3.1997

3 x s.300(2)

Sched:
6 x s.300(2)

loss to bank: $1.452m

PG

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)


NSW CCA
14.5.1997

5 x s.300(1)
5 x s.300(2)

Sched:
73 x s.300(1)
75 x s.300(2)

$188,075

PG

MT 18m
AT 2y

AD

Nil

Female - Defrauded employer over 13 months. No money repaid. Altered cheques signed by company signatories and deposited money into own account.
Money spent on lifestyle and gambling.

Spiridonov


NSW CCA
1.5.1998

11 x s.300(2)

Sched:
12 x s.300(2)

$45,000

Pg

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. Involved careful planning.
Repaid 70% of losses. Co-offender absconded with much more money.
Good background, depressed.

Vasil


NSW CCA [421]
11.10.2000

21 x s.300(2)

Sched:
37 dishonesty offences

$1,453,254

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.

Fisher


NSW CCA [143]
4.4.2001

6 x s.300(1)
6 x s.300(2)

Sched:
48 x s.300(1)
48 x s.300(2)

$248,000

early plea of guilty

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


NSW CCA [407]
10.10.2001

2 x s.300(2)

$415,127

PG

4y
NPP 2y

AD

Dishonesty offences - breached bail

Used 2 stolen bank cheques to pay off mortgage
Some assistance to authorities

Sewell
NSW CCA [7]
1.2.2002

7 x s.300(2)

PG

4y
NPP 1y 5m

AD

similar offences

Used false instruments to steal from company
Good character evidence - Evidence of rehabilitation - Medical condition

Finn
(mid - 50s)


NSW CCA [86]
19.3.2002

6 x s.300(1)

Sched:
17 x s.300(1)

> $130,000

PG

3y
NPP 2y

AA
2y
NPP 16m

nil

As manager of smash repairs involved with others in fraud on NRMA - Creating of false insurance claims for fictitious accidents - Own ca involved in one claim
Favourable prospects of rehabilitation - Poor health - Parity - Discount for guilty plea

Power
(40s)


NSW CCA [244]
19.6.2002

39 x s.300(1)

$7.681m

PG

8y
NPP 5y

AA
8y
NPP 4y

nil

Female - As middle management 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

Montesinos
(35)


(2002) 135 A Crim R 417

15 x s.300(2)

$119,643

VG

24m suspended

Crown AD

nil

Female employee deposited cheques drawn on account of employer into own account over 5 months - little insight into offending
History of major depressive episodes

Meyer
(28)


(2002) 135 A Crim R 438

3 x s.300(1)
3x 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 3 cheques - to receive $36,237 commission
Remorse - Co-operation

Thompson
(43-45)


NSW CCA [219]
4.8.2003

7 x s.300(1)
7 x s.300(2)

Sched:
30 x s.300(1)
30 x s.300(2)

$144,000

PG

3y
NPP 18m

AD

Nil relevant

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

Valentine
(37)


NSW CCA [23]
12.2.2007

3 x s.300(2)

Sched:
2 x s.300(2)

$924,454.99

PG

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

Nikolaidis
(52 at sentence)


NSW CCA [323]
17.12.2008

s.300(1)

VG

2y
NPP 12m

AD

Nil

Solicitor had secretary type backdated letter purporting to be terms of engagement between appellant 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

Kerr

(46)

[2014] NSWCCA 235

2 x s.300(2)

11 x s.178BA(1)

26 x s.193B(1)

​$246,461.25​VGIndicative sentence:

5y

Agg sentence:
6y NPP 4y

​AD​NilSent 2 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 4 months – planned and protracted criminal activity

Suffering depression