R v Toller [2018] NSWDC 287

R v Toller [2018] NSWDC 287

The appropriate sentence for Mr Toller, who pleaded guilty to 14 counts of dishonestly obtaining financial advantage by deception involving substantial losses to unsophisticated investors over a sustained period with planning and sophistication, is an aggregate sentence of eight years imprisonment with a non-parole period of five years commencing 27 June 2017, in consideration of totality, the planning and seriousness of the offences, partial remorse, some prospects for rehabilitation, and special circumstances justifying a non-standard non-parole period.

Jurisdiction
Australia
Judgment Date
20 April 2018
Procedural Posture
Criminal / Sentencing
Outcome
Conviction; aggregate sentence of 8 years imprisonment (non-parole period 5 years); orders for compensation.
Legal Topics
['sentencing' 'dishonest Offences' 'fraud' 'financial Crime' 'aggregate Sentencing' 'victim Impact Statements' 'gambling Addiction' 'conditional Liberty' 'special Circumstances']
['criminal Law'] ['sentencing' 'dishonest Offences' 'fraud' 'financial Crime' 'aggregate Sentencing' 'victim Impact Statements' 'gambling Addiction' 'conditional Liberty' 'special Circumstances']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['How should the court sentence the offender for multiple counts of dishonestly obtaining financial advantage by deception under s 192E(1)(b) Crimes Act 1900?' 'Should victim impact statements be admitted and what weight should be given to them in this context?' 'Do circumstances of the offender (including gambling addiction, psychological and family background, and remorse) mitigate sentence?' "Are there 'special circumstances' justifying a non-standard non-parole period under s 44 of the Crimes (Sentencing Procedure) Act 1999?"]

Ratio Decidendi

The appropriate sentence for Mr Toller, who pleaded guilty to 14 counts of dishonestly obtaining financial advantage by deception involving substantial losses to unsophisticated investors over a sustained period with planning and sophistication, is an aggregate sentence of eight years imprisonment with a non-parole period of five years commencing 27 June 2017, in consideration of totality, the planning and seriousness of the offences, partial remorse, some prospects for rehabilitation, and special circumstances justifying a non-standard non-parole period.

Court Disposition

Conviction; aggregate sentence of 8 years imprisonment (non-parole period 5 years); orders for compensation.

Orders

  • ['Convicted on all counts under s 192E(1)(b) Crimes Act 1900.' 'Aggregate sentence: 8 years imprisonment, non-parole period 5 years, commencing 27 June 2017.' 'Indicative sentences for each sequence as stated in the judgment.' 'Orders for compensation in accordance with submissions by the Crown.']