R v Gould [2019] NSWDC 313

R v Gould [2019] NSWDC 313

The offender deliberately obtained money by deception from two elderly and vulnerable retired men over repeated occasions, with the offending falling well within the mid-range and aggravated by her prior similar offending, commission of the second offence while on conditional liberty, the victims' vulnerability, and the rolled-up series of criminal acts. The late guilty plea warranted only a 5% discount, there was no genuine remorse, good character, meaningful mitigation from gambling or psychiatric material, or basis for special circumstances, and no sentence other than full-time imprisonment was appropriate; an aggregate sentence of five years with a non-parole period of three years and...

Jurisdiction
Australia
Judgment Date
31 January 2019
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea to Two Counts of Dishonestly Obtaining Financial Advantage by Deception
Outcome
Offender convicted on both counts and sentenced to an aggregate term of imprisonment of five years with a non-parole period of three years and nine months; special circumstances declined.
Legal Topics
['dishonestly Obtain Financial Advantage by Deception' 'vulnerable Victims' 'aggravating Factors' 'guilty Plea Discount' 'special Circumstances' 'imprisonment' 'gambling Addiction']
['criminal Law' 'sentencing'] ['dishonestly Obtain Financial Advantage by Deception' 'vulnerable Victims' 'aggravating Factors' 'guilty Plea Discount' 'special Circumstances' 'imprisonment' 'gambling Addiction']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea to Two Counts of Dishonestly Obtaining Financial Advantage by Deception

Legal Issues

  1. 1 ['What sentence should be imposed for two counts of dishonestly obtaining financial advantage by deception contrary to s192E(1)(b) of the Crimes Act.' 'Whether the offending was aggravated by the vulnerability of the victims, prior convictions, commission while on conditional liberty, and a series of criminal acts.' "Whether the offender's guilty plea, alleged gambling disorder, psychiatric condition, age, first time in custody, or other subjective matters mitigated sentence or supported special circumstances." 'Whether any sentence other than full-time imprisonment was appropriate.']

Ratio Decidendi

The offender deliberately obtained money by deception from two elderly and vulnerable retired men over repeated occasions, with the offending falling well within the mid-range and aggravated by her prior similar offending, commission of the second offence while on conditional liberty, the victims' vulnerability, and the rolled-up series of criminal acts. The late guilty plea warranted only a 5% discount, there was no genuine remorse, good character, meaningful mitigation from gambling or psychiatric material, or basis for special circumstances, and no sentence other than full-time imprisonment was appropriate; an aggregate sentence of five years with a non-parole period of three years and...

Court Disposition

Offender convicted on both counts and sentenced to an aggregate term of imprisonment of five years with a non-parole period of three years and nine months; special circumstances declined.

Orders

  • ['Aruna Gould is convicted of two offences on the Crown sentence summary.' 'For both convictions, an aggregate sentence of five years imprisonment is imposed commencing 31 January 2019 and expiring 30 January 2024.' 'A non-parole period of three years and nine months is imposed commencing 31 January 2019 and...