The Queen v Corocher [2020] NFSC 2

The Queen v Corocher [2020] NFSC 2

Given the objectively very serious nature of the offence involving a sustained breach of trust, prior dishonesty convictions, and need for general and personal deterrence, the appropriate sentence is two years and six months imprisonment, suspended after 12 months under s 39 of the Sentencing Act 2007 (NI), taking into account early plea, repayment, remorse and personal circumstances.

Parties
Prosecutor: The Queen; Offender: Shawn Michael Corocher
Jurisdiction
Australia
Judgment Date
21 September 2020
Procedural Posture
Criminal / Sentence
Outcome
Conviction and custodial sentence imposed, with partial suspension.
Legal Topics
Obtaining a Financial Advantage by Deception, Sentencing, Breach of Trust, Financial Crime, Suspended Sentences
Criminal Law Obtaining a Financial Advantage by Deception Sentencing Breach of Trust Financial Crime Suspended Sentences

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Parties

The Queen

Prosecutor

Shawn Michael Corocher

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for obtaining a financial advantage by deception contrary to s 209 of the Criminal Code 2007 (NI)?
  2. 2 Whether it is desirable to suspend the sentence pursuant to s 39 of the Sentencing Act 2007 (NI).

Ratio Decidendi

Given the objectively very serious nature of the offence involving a sustained breach of trust, prior dishonesty convictions, and need for general and personal deterrence, the appropriate sentence is two years and six months imprisonment, suspended after 12 months under s 39 of the Sentencing Act 2007 (NI), taking into account early plea, repayment, remorse and personal circumstances.

Court Disposition

Conviction and custodial sentence imposed, with partial suspension.

Orders

  • Shawn Michael Corocher is convicted on one count under s 209 of the Criminal Code 2007 (NI).
  • Sentenced to imprisonment for two years and six months commencing 21 September 2020 and ending 21 March 2023.