R v Scott Miles [2017] NSWDC 411

R v Scott Miles [2017] NSWDC 411

Because Miles, while general manager and trusted senior executive of the Club, committed planned and repeated frauds over many years causing very substantial loss, the objective seriousness and need for general deterrence required a full-time custodial sentence. His early disclosure, full confession, early guilty plea, cooperation, reparation, remorse, gambling disorder, strong support, low risk of reoffending and special circumstances justified reductions and a non-parole period below the statutory ratio, resulting in a total sentence of four years imprisonment with a two-year non-parole period.

Jurisdiction
Australia
Judgment Date
18 December 2017
Procedural Posture
Criminal Sentence for Dishonestly Obtain Financial Advantage by Deception / Sentence After Early Guilty Plea
Outcome
Convicted and sentenced to a total term of imprisonment of 4 years with a non-parole period of 2 years.
Legal Topics
['fraud' 'dishonestly Obtain Financial Advantage by Deception' 'gambling Addiction' 'general Deterrence' 'special Circumstances' 'guilty Plea Discount' 'cooperation With Authorities' 'reparation']
['criminal Law' 'sentencing'] ['fraud' 'dishonestly Obtain Financial Advantage by Deception' 'gambling Addiction' 'general Deterrence' 'special Circumstances' 'guilty Plea Discount' 'cooperation With Authorities' 'reparation']

Case Brief

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Procedural Posture

Criminal Sentence for Dishonestly Obtain Financial Advantage by Deception / Sentence After Early Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for dishonestly obtaining financial advantage by deception from an employer over many years.' "How to weigh the objective seriousness of multiple planned frauds by a senior employee against the offender's early disclosure, guilty plea, cooperation, remorse, reparation, gambling disorder and prospects of rehabilitation." 'Whether special circumstances justified a reduced non-parole period.']

Ratio Decidendi

Because Miles, while general manager and trusted senior executive of the Club, committed planned and repeated frauds over many years causing very substantial loss, the objective seriousness and need for general deterrence required a full-time custodial sentence. His early disclosure, full confession, early guilty plea, cooperation, reparation, remorse, gambling disorder, strong support, low risk of reoffending and special circumstances justified reductions and a non-parole period below the statutory ratio, resulting in a total sentence of four years imprisonment with a two-year non-parole period.

Court Disposition

Convicted and sentenced to a total term of imprisonment of 4 years with a non-parole period of 2 years.

Orders

  • ['Scott Miles is convicted of dishonestly obtain financial advantage by deception, s 192E(1)(b) Crimes Act 1900.' 'Sentence of four years imprisonment imposed.' 'Non-parole period of two years commencing on 18 December 2017 and expiring on 17 December 2019, on which date the offender will be eligible for...