R v MOORE [2015] NSWDC 315

R v MOORE [2015] NSWDC 315

The offender's crimes were objectively serious because he knowingly exploited a banking error over an extended period, dishonestly obtained a very substantial financial advantage, used the funds for purchases and other dealings, and caused substantial loss. His probable frontal lobe injury and depressive symptoms were relevant personal circumstances but were not causally connected to the deliberate, repeated and organised offending, so they did not warrant reducing the weight given to general deterrence. Although count 2 carried a higher maximum penalty, count 1 was the more serious offence; the dealings with proceeds were largely a manifestation of the same enrichment and...

Jurisdiction
Australia
Judgment Date
17 April 2015
Procedural Posture
Criminal Sentence / Sentence After Jury Verdicts of Guilty at Goulburn District Court on 19 February 2015
Outcome
Offender convicted on both counts and sentenced to imprisonment; count 2 ordered wholly concurrent with count 1.
Legal Topics
['dishonestly Obtaining a Financial Advantage by Deception' 'dealing With Proceeds of Crime' 'fraud' 'general Deterrence' 'mental Condition in Sentencing' 'concurrency and Totality' 'special Circumstances']
['criminal Law' 'sentencing'] ['dishonestly Obtaining a Financial Advantage by Deception' 'dealing With Proceeds of Crime' 'fraud' 'general Deterrence' 'mental Condition in Sentencing' 'concurrency and Totality' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Jury Verdicts of Guilty at Goulburn District Court on 19 February 2015

Legal Issues

  1. 1 ['What sentences should be imposed for dishonestly obtaining a financial advantage by deception and dealing with proceeds of crime.' "Whether the offender's history of depression and probable frontal lobe injury reduced the weight to be given to general deterrence or otherwise mitigated sentence." 'Whether the sentences for the two counts should be partially accumulated or wholly concurrent.' 'How aggravating and mitigating factors under the Crimes (Sentencing Procedure) Act 1999 applied, including substantial loss, multiple acts, financial gain, prior good character, rehabilitation prospects and cooperation in the conduct of the trial.']

Ratio Decidendi

The offender's crimes were objectively serious because he knowingly exploited a banking error over an extended period, dishonestly obtained a very substantial financial advantage, used the funds for purchases and other dealings, and caused substantial loss. His probable frontal lobe injury and depressive symptoms were relevant personal circumstances but were not causally connected to the deliberate, repeated and organised offending, so they did not warrant reducing the weight given to general deterrence. Although count 2 carried a higher maximum penalty, count 1 was the more serious offence; the dealings with proceeds were largely a manifestation of the same enrichment and...

Court Disposition

Offender convicted on both counts and sentenced to imprisonment; count 2 ordered wholly concurrent with count 1.

Orders

  • ['Count 1: convicted and sentenced to imprisonment for four years and six months, commencing 18 February 2015, with a non-parole period of two years and three months expiring 17 May 2017.' 'Count 1: special circumstances found pursuant to s 44 Crimes (Sentencing Procedure) Act 1999, with a balance of sentence of two...