Police v Melgaard [2009] NSWLC 4

Police v Melgaard [2009] NSWLC 4

Given the ongoing nature of the offending, substantial abuse of trust, amount involved, and assessment of factors including mitigation, general deterrence, repayment involving substantial sacrifice, and prospects of rehabilitation, a custodial sentence with periodic detention is appropriate; a reduction for the guilty plea is applied; compensation including audit fees is ordered.

Jurisdiction
Australia
Judgment Date
06 February 2009
Procedural Posture
Criminal / Sentencing
Outcome
convicted, sentenced to periodic detention, ordered to pay compensation
Legal Topics
['larceny as a Servant' 'white Collar Crime' 'sentencing' 'compensation' 'general Deterrence']
['criminal Law'] ['larceny as a Servant' 'white Collar Crime' 'sentencing' 'compensation' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['appropriate sentence for larceny as a servant' 'effect of guilty plea on sentencing' 'mitigation for gambling addiction' 'assessment of compensation']

Ratio Decidendi

Given the ongoing nature of the offending, substantial abuse of trust, amount involved, and assessment of factors including mitigation, general deterrence, repayment involving substantial sacrifice, and prospects of rehabilitation, a custodial sentence with periodic detention is appropriate; a reduction for the guilty plea is applied; compensation including audit fees is ordered.

Court Disposition

convicted, sentenced to periodic detention, ordered to pay compensation

Orders

  • ['Conviction entered for three charges of larceny as a servant.' 'Sentenced to 22 months imprisonment (after 25% discount for guilty plea), to be served by periodic detention; non-parole period of 11 months, balance of 11 months.' 'Ordered to report to Periodic Detention Centre at Mannus.' 'Compensation order in sum...