R v STEPTO [2012] NSWDC 56

R v STEPTO [2012] NSWDC 56

Although the offending was lengthy, varied and serious, and involved substantial frauds against the RTA and corrupt payments to Mr Job, Mr Stepto's criminality was less than the co-offender's seven-year starting point because he did not himself breach an employer's trust. Taking into account the late guilty plea with an approximately 10 percent discount, delay, remorse, lack of prior convictions with reduced weight, partial repayment, parity, and possible harsher custody, the least aggregate sentence properly reflecting the criminality was imprisonment for five years with a non-parole period of three and a half years.

Jurisdiction
Australia
Judgment Date
17 February 2012
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
Sentenced to imprisonment with an aggregate head sentence of 5 years and a non-parole period of 3.5 years.
Legal Topics
['obtain Benefit by Deception' 'corruptly Giving a Reward' 'giving Knowingly False Evidence' 'parity' 'delay' 'guilty Plea' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['obtain Benefit by Deception' 'corruptly Giving a Reward' 'giving Knowingly False Evidence' 'parity' 'delay' 'guilty Plea' 'aggregate Sentence']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for 18 counts of obtaining a benefit by deception, four counts of corruptly giving a reward, and one count of giving knowingly false evidence.' "What allowance should be made for the offender's late guilty plea and remorse." 'What effect delay between detection of the offending and sentence should have.' 'How parity with the co-offender Damon Job should affect sentence.' "Whether the offender's lack of prior convictions, partial repayment, and potential harsher custody conditions should affect sentence."]

Ratio Decidendi

Although the offending was lengthy, varied and serious, and involved substantial frauds against the RTA and corrupt payments to Mr Job, Mr Stepto's criminality was less than the co-offender's seven-year starting point because he did not himself breach an employer's trust. Taking into account the late guilty plea with an approximately 10 percent discount, delay, remorse, lack of prior convictions with reduced weight, partial repayment, parity, and possible harsher custody, the least aggregate sentence properly reflecting the criminality was imprisonment for five years with a non-parole period of three and a half years.

Court Disposition

Sentenced to imprisonment with an aggregate head sentence of 5 years and a non-parole period of 3.5 years.

Orders

  • ['Aggregate sentence imposed with a head sentence of five years and a non-parole period of three and a half years.' 'The aggregate sentence will commence from 24 March 2011.' 'The offender will be eligible to be released to parole on 23 September 2014.' "The offender's fingerprints are to be taken."]