R v McInnes [2022] NSWDC 723

R v McInnes [2022] NSWDC 723

Because the offender, while a senior and trusted employee, committed a sophisticated scheme of 53 fraud offences over 11 years involving a little over $2 million, with each principal offence above the mid-range and aggravated by breach of trust and sophistication, and because his remorse was not established and rehabilitation prospects were guarded, substantial imprisonment was required. After applying the 25% early plea discount, considering totality, and finding special circumstances based on his mother's condition, his heart condition, age and time since last custody, the Court imposed an aggregate sentence of 7 years with a non-parole period of 4 years.

Jurisdiction
Australia
Judgment Date
05 December 2022
Procedural Posture
Criminal Sentence / Sentence Following Guilty Pleas
Outcome
Aggregate term of imprisonment of 7 years with a non-parole period of 4 years imposed.
Legal Topics
['dishonestly Obtain Financial Advantage by Deception' 'employee Fraud' 'breach of Trust' 'aggregate Sentence' 'form 1 Offence' 'early Guilty Plea Discount' 'special Circumstances' 'general Deterrence' 'specific Deterrence']
['criminal Law' 'sentencing'] ['dishonestly Obtain Financial Advantage by Deception' 'employee Fraud' 'breach of Trust' 'aggregate Sentence' 'form 1 Offence' 'early Guilty Plea Discount' 'special Circumstances' 'general Deterrence' 'specific Deterrence']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['Assessment of the objective seriousness of the two principal offences of dishonestly obtaining a financial advantage by deception.' 'Whether the form 1 matter should meaningfully increase the sentence for sequence 2.' 'Whether aggravating features including breach of trust and sophistication affected sentence.' 'Whether remorse, rehabilitation prospects, health, age, family circumstances and time since custody affected sentence.' 'Whether special circumstances justified a non-parole period below the ordinary statutory proportion.']

Ratio Decidendi

Because the offender, while a senior and trusted employee, committed a sophisticated scheme of 53 fraud offences over 11 years involving a little over $2 million, with each principal offence above the mid-range and aggravated by breach of trust and sophistication, and because his remorse was not established and rehabilitation prospects were guarded, substantial imprisonment was required. After applying the 25% early plea discount, considering totality, and finding special circumstances based on his mother's condition, his heart condition, age and time since last custody, the Court imposed an aggregate sentence of 7 years with a non-parole period of 4 years.

Court Disposition

Aggregate term of imprisonment of 7 years with a non-parole period of 4 years imposed.

Orders

  • ['The offender is sentenced to an aggregate term of imprisonment of 7 years, commencing 5 December 2022 and expiring 4 December 2029.' 'A non-parole period of 4 years is fixed, commencing 5 December 2022 and expiring 4 December 2026.' 'The balance of term is 3 years, commencing 5 December 2026 and expiring 4...