NSW Police Force v Michael James Walsh [2014] NSWLC 21

Given the quantum and irretrievability of financial loss, offender's extensive recidivism, degree of planning and persistent modus operandi, a sentence of full-time custody was warranted, with accumulation of sentences and no suspension. A plea of guilty warranted a 25% discount. Special circumstances justified parole with supervision.

Parties: Prosecution: New South Wales Police Force; Defendant: Michael James Walsh
Jurisdiction: Australia
Judgment Date: 18 November 2014
Procedural Posture: Criminal / Sentencing
Outcome: conviction and imprisonment
Legal Topics: Sentencing, Fraud, Accumulation of Sentences, Use of Prior Record, Totality Principle, Parole, Discount for Guilty Plea

Criminal Law Sentencing Fraud Accumulation of Sentences Use of Prior Record Totality Principle Parole Discount for Guilty Plea

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Full judgment text Downloadable case file Legal principles 8 Authorities cited 32 Party arguments 2 Amounts and remedies 17

Parties

New South Wales Police Force

Prosecution

Michael James Walsh

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Appropriate sentence for 16 counts of dishonestly obtaining financial advantage by deception
2 Relevance and use of prior criminal record in sentencing for fraud offences
3 Application of totality and accumulation principles to multiple fraud offences

Ratio Decidendi

Court Disposition

conviction and imprisonment

Orders

Sequences 1 to 5: convicted and sentenced to 2 months imprisonment from 18 November 2014 to 17 January 2015
Sequences 6 to 10: convicted and sentenced to 2 months imprisonment from 18 December 2014 to 17 February 2015