R v MURPHY [2009] NSWDC 58

R v MURPHY [2009] NSWDC 58

A custodial sentence is required for serious breaches of trust and repeat offences of obtaining financial advantage by deception; suspended sentences are inadequate to deter future misconduct. Concurrent sentences of two years' imprisonment, with a non-parole period of twelve months, to be served by periodic detention, are appropriate given the circumstances.

Jurisdiction
Australia
Judgment Date
06 March 2009
Procedural Posture
Criminal / Sentencing
Outcome
offender sentenced to concurrent periods of imprisonment with head sentence of 2 years and non-parole period of 12 months, to be served by periodic detention
Legal Topics
['sentence' 'obtain Financial Advantage by Deception' 'breach of Trust' 'previous Convictions']
['criminal Law'] ['sentence' 'obtain Financial Advantage by Deception' 'breach of Trust' 'previous Convictions']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['appropriate sentence for offences of obtaining financial advantage by deception' 'impact of breach of trust by employee' 'consideration of previous convictions in sentencing']

Ratio Decidendi

A custodial sentence is required for serious breaches of trust and repeat offences of obtaining financial advantage by deception; suspended sentences are inadequate to deter future misconduct. Concurrent sentences of two years' imprisonment, with a non-parole period of twelve months, to be served by periodic detention, are appropriate given the circumstances.

Court Disposition

offender sentenced to concurrent periods of imprisonment with head sentence of 2 years and non-parole period of 12 months, to be served by periodic detention

Orders

  • ['On each matter, offender sentenced to imprisonment for two years, non-parole period of twelve months, to be served by way of periodic detention.' 'Offender to attend Tomago Periodic Detention Centre at 8.30 am on Saturday 21 March 2009.']