R v Del Busso [2024] NSWLC 4

R v Del Busso [2024] NSWLC 4

No penalty other than imprisonment is appropriate for larceny by a clerk involving large sums, systematic breach of trust and planning; the defendant's circumstances do not override the objective seriousness. An intensive correction order cannot be made as the defendant resides in Victoria, which is not an approved jurisdiction under s 69(3). The sentence is imposed as 20 months imprisonment, with a non-parole period of 12 months. On appeal, the District Court reduced the sentence to a fixed term of 5 months imprisonment.

Jurisdiction
Australia
Judgment Date
13 February 2024
Procedural Posture
Criminal / Sentencing
Outcome
Convicted; sentenced to imprisonment; District Court on appeal reduced sentence to 5 months fixed term.
Legal Topics
['sentencing' 'larceny by a Clerk' 'breach of Trust' 'fraud' 'deterrence' 'imprisonment' 'compensation']
['criminal Law'] ['sentencing' 'larceny by a Clerk' 'breach of Trust' 'fraud' 'deterrence' 'imprisonment' 'compensation']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriateness of imprisonment for larceny by a clerk' 'Calculation of sentence including Form 1 offence' 'Assessment of objective seriousness (amount, breach of trust, duration, planning)' 'Whether intensive correction order is available' 'Determination of non-parole period']

Ratio Decidendi

No penalty other than imprisonment is appropriate for larceny by a clerk involving large sums, systematic breach of trust and planning; the defendant's circumstances do not override the objective seriousness. An intensive correction order cannot be made as the defendant resides in Victoria, which is not an approved jurisdiction under s 69(3). The sentence is imposed as 20 months imprisonment, with a non-parole period of 12 months. On appeal, the District Court reduced the sentence to a fixed term of 5 months imprisonment.

Court Disposition

Convicted; sentenced to imprisonment; District Court on appeal reduced sentence to 5 months fixed term.

Orders

  • ['Defendant sentenced to 20 months imprisonment (13/2/24 to 12/10/25).' 'Non-parole period of 12 months (eligible for parole on 12/2/25).' 'No intensive correction order available as defendant resides in Victoria.' 'Company (Rheumatology Specialist Care) entitled to seek compensation for $35,785.' 'Appeal outcome:...