Regina v Leon Nikolaidis [2007] NSWDC 246

Regina v Leon Nikolaidis [2007] NSWDC 246

The offender, a solicitor and officer of the Court, deliberately directed a trusted employee to create a false costs agreement and placed it so that a court appointed costs assessor would discover and rely on it, thereby attempting to subvert the Supreme Court costs assessment process to the prejudice of Mr Preston. The offending involved planning, breach of professional trust, pressure on an employee, continued reliance on the false document, and significant implications for public confidence in legal practitioners and court processes. Despite prior good character, delay, likely professional consequences, and absence of prior convictions, full-time imprisonment was required for general...

Jurisdiction
Australia
Judgment Date
23 November 2007
Procedural Posture
Criminal Sentencing for Making a False Instrument Under Section 300(1) of the Crimes Act NSW / Sentence After Jury Verdict of Guilty
Outcome
Offender sentenced to full-time imprisonment for 2 years with a non-parole period of 12 months.
Legal Topics
['making a False Instrument' 'false Costs Agreement' 'breach of Trust by Solicitor' 'white Collar Crime' 'general Deterrence' 'aggravating and Mitigating Factors' 'delay' 'extra Curial Punishment']
['criminal Law' 'sentencing'] ['making a False Instrument' 'false Costs Agreement' 'breach of Trust by Solicitor' 'white Collar Crime' 'general Deterrence' 'aggravating and Mitigating Factors' 'delay' 'extra Curial Punishment']

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Procedural Posture

Criminal Sentencing for Making a False Instrument Under Section 300(1) of the Crimes Act NSW / Sentence After Jury Verdict of Guilty

Legal Issues

  1. 1 ['Whether the document said to be a copy costs agreement/retainer letter was false and, if so, the intent with which it had been prepared.' 'What sentence should be imposed for a solicitor who directed an employee to prepare a false costs agreement intended to mislead a court appointed costs assessor.' 'Whether alternatives to full-time imprisonment, including a fine, community service, periodic detention, home detention or a suspended sentence, were appropriate.' 'Whether special circumstances justified adjustment of the statutory ratio between the head sentence and non-parole period.']

Ratio Decidendi

The offender, a solicitor and officer of the Court, deliberately directed a trusted employee to create a false costs agreement and placed it so that a court appointed costs assessor would discover and rely on it, thereby attempting to subvert the Supreme Court costs assessment process to the prejudice of Mr Preston. The offending involved planning, breach of professional trust, pressure on an employee, continued reliance on the false document, and significant implications for public confidence in legal practitioners and court processes. Despite prior good character, delay, likely professional consequences, and absence of prior convictions, full-time imprisonment was required for general...

Court Disposition

Offender sentenced to full-time imprisonment for 2 years with a non-parole period of 12 months.

Orders

  • ['The offender is sentenced to a period of 2 years imprisonment to date from 23 November 2007 and to expire on 22 November 2009.' 'A non-parole period of 12 months imprisonment is fixed to date from 23 November 2007 and to expire on 22 November 2008.']