R v Shane Victor DANIELS [2007] NSWDC 29

R v Shane Victor DANIELS [2007] NSWDC 29

Although the offender's gambling addiction, prior good character, remorse, early guilty plea and prospects of rehabilitation mitigated sentence, his repeated forgeries and theft of $275,857.34 from an employer and related victims were a grave abuse of trust requiring a significant term of imprisonment. The guilty plea warranted a 20 per cent reduction, reduced because he absconded, and special circumstances justified an extended parole period.

Jurisdiction
Australia
Judgment Date
08 February 2007
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
Offender sentenced to imprisonment, with a non-parole period expiring on 19 October 2008, and compensation order declined.
Legal Topics
['gambling Addiction' 'abuse of Trust' 'forgery of Cheques' 'guilty Plea' 'special Circumstances' 'parole']
['criminal Law' 'sentencing'] ['gambling Addiction' 'abuse of Trust' 'forgery of Cheques' 'guilty Plea' 'special Circumstances' 'parole']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ["Whether the offender's gambling addiction reduced his moral culpability on sentence." 'The appropriate sentence for multiple offences involving forged cheques and theft from an employer in breach of trust.' "The effect of the offender's early guilty plea, absconding while on bail, remorse, prior good character and prospects of rehabilitation." 'Whether special circumstances justified an extended period of supervision on parole.' 'Whether to make a compensation order.']

Ratio Decidendi

Although the offender's gambling addiction, prior good character, remorse, early guilty plea and prospects of rehabilitation mitigated sentence, his repeated forgeries and theft of $275,857.34 from an employer and related victims were a grave abuse of trust requiring a significant term of imprisonment. The guilty plea warranted a 20 per cent reduction, reduced because he absconded, and special circumstances justified an extended parole period.

Court Disposition

Offender sentenced to imprisonment, with a non-parole period expiring on 19 October 2008, and compensation order declined.

Orders

  • ['For offences marked one, two, three and four in Exhibit A, being court attendance notices with sequence numbers ending in 30, 119, 160 and 171, the offender is sentenced to imprisonment for a fixed term of one year, to commence on 20 October 2006.' 'For offences with sequence numbers ending in 257 and 259, the...