R v Dimitri DE ANGELIS [2013] NSWDC 79

R v Dimitri DE ANGELIS [2013] NSWDC 79

The offender's offending was extensive, planned, organised, sophisticated and predatory fraud over about four years against numerous natural person victims, involving very large sums and serious personal harm. General deterrence, community protection and recognition of victim harm required a lengthy custodial sentence. A 12.5 per cent discount was appropriate because the pleas had practical value but were very late. Mental health and first time in custody constituted special circumstances justifying a longer parole period. An aggregate sentence of 12 years imprisonment with a non-parole period of 7.5 years was appropriate.

Jurisdiction
Australia
Judgment Date
01 March 2013
Procedural Posture
Criminal Sentencing for Offences of Director Cheat or Defraud and Obtaining Money by Deception / Remarks on Sentence After Pleas of Guilty
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment of 12 years with a non-parole period of 7.5 years.
Legal Topics
['director Cheat or Defraud' 'obtaining Money by Deception' 'white Collar Crime' 'fraud' 'aggregate Sentence' 'plea of Guilty Discount' 'special Circumstances' 'victim Impact' 'general Deterrence']
['criminal Law' 'sentencing'] ['director Cheat or Defraud' 'obtaining Money by Deception' 'white Collar Crime' 'fraud' 'aggregate Sentence' 'plea of Guilty Discount' 'special Circumstances' 'victim Impact' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Sentencing for Offences of Director Cheat or Defraud and Obtaining Money by Deception / Remarks on Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for 14 offences against s 176A of the Crimes Act 1900 and 2 offences against s 178BA(1) of the Crimes Act 1900.' 'Whether harm to victims who are natural persons should be given more weight than harm to corporations.' "The appropriate utilitarian discount for the offender's very late pleas of guilty." 'Whether special circumstances justified altering the statutory relationship between the non-parole period and the head sentence.' 'Which s 21A(2) aggravating factors applied to the offending.']

Ratio Decidendi

The offender's offending was extensive, planned, organised, sophisticated and predatory fraud over about four years against numerous natural person victims, involving very large sums and serious personal harm. General deterrence, community protection and recognition of victim harm required a lengthy custodial sentence. A 12.5 per cent discount was appropriate because the pleas had practical value but were very late. Mental health and first time in custody constituted special circumstances justifying a longer parole period. An aggregate sentence of 12 years imprisonment with a non-parole period of 7.5 years was appropriate.

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment of 12 years with a non-parole period of 7.5 years.

Orders

  • ['Dimitri De Angelis was formally convicted of all 16 offences in the indictment dated 31 August 2012.' 'The additional s 176A offence on the s 32 form was taken into account when sentencing for count 1.' 'An aggregate sentence of imprisonment of 12 years was imposed.' 'The sentence was backdated to commence on 14...