Police v Dacich [2021] NSWLC 15

Police v Dacich [2021] NSWLC 15

The offences warranted imprisonment because the defendant committed three planned dishonesty offences, including while on strict conditional bail pending appeal for similar dishonesty offending, had a significant record for dishonest and deceptive criminality, required both general and specific deterrence, and had not shown good prospects of rehabilitation or that she was unlikely to re-offend. The psychological report, alleged hardship, early release submissions, and employment material did not provide significant mitigation. Applying partial accumulation and totality with the sentence already being served, an aggregate sentence of 18 months with a 10 month non-parole period was...

Jurisdiction
Australia
Judgment Date
05 February 2021
Procedural Posture
Criminal Sentence / Sentence After Guilty Pleas to 3 Counts of Dishonestly Obtain Financial Advantage by Deception Contrary to Section 192 E(1)(b) Crimes Act 1900 (nsw)
Outcome
The defendant was convicted on each count and sentenced by way of aggregate sentence to 18 months imprisonment with a non-parole period of 10 months. Compensation orders were made.
Legal Topics
['dishonestly Obtain Financial Advantage by Deception' 'guilty Plea Discount' 'aggravating Factors' 'conditional Liberty' 'general Deterrence' 'specific Deterrence' 'totality' 'aggregate Sentence' 'compensation Orders']
['criminal Law' 'sentencing'] ['dishonestly Obtain Financial Advantage by Deception' 'guilty Plea Discount' 'aggravating Factors' 'conditional Liberty' 'general Deterrence' 'specific Deterrence' 'totality' 'aggregate Sentence' 'compensation Orders']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Pleas to 3 Counts of Dishonestly Obtain Financial Advantage by Deception Contrary to Section 192 E(1)(b) Crimes Act 1900 (nsw)

Legal Issues

  1. 1 ['What sentence should be imposed for three counts of dishonestly obtain financial advantage by deception.' 'Whether imprisonment was required under section 5 Crimes (Sentencing Procedure) Act 1999 (NSW).' "How the offender's prior dishonesty offences and commission of the offences while on conditional liberty affected sentence." 'Whether the dated psychological report, alleged hardship to third parties, alleged early release prospects, and alleged employment prospects mitigated sentence.' 'How totality should be applied given the offender was serving another sentence.']

Ratio Decidendi

The offences warranted imprisonment because the defendant committed three planned dishonesty offences, including while on strict conditional bail pending appeal for similar dishonesty offending, had a significant record for dishonest and deceptive criminality, required both general and specific deterrence, and had not shown good prospects of rehabilitation or that she was unlikely to re-offend. The psychological report, alleged hardship, early release submissions, and employment material did not provide significant mitigation. Applying partial accumulation and totality with the sentence already being served, an aggregate sentence of 18 months with a 10 month non-parole period was...

Court Disposition

The defendant was convicted on each count and sentenced by way of aggregate sentence to 18 months imprisonment with a non-parole period of 10 months. Compensation orders were made.

Orders

  • ['The offender Clare Dacich is convicted on each count.' 'The offender is sentenced by way of aggregate sentence to 18 months imprisonment from 2 February 2021 to 1 August 2022.' 'The non-parole period is 10 months from 2 February 2021 to 1 December 2021.' 'The effective overall sentence remains from 13 September...