R v DOUGLASS [2019] NSWDC 202

R v DOUGLASS [2019] NSWDC 202

The offender was sentenced to five years and six months imprisonment with a non-parole period of four years, rounded down to allow for 18 months parole. Special circumstances were found in the sense of rounding the non-parole period, having regard to rehabilitation prospects, remorse, cooperation, and gambling addiction, but not to a degree requiring greater alteration of the statutory relationship.

Jurisdiction
Australia
Judgment Date
05 April 2019
Procedural Posture
Criminal / Sentence
Outcome
convicted and sentenced
Legal Topics
['sentencing' 'fraud' 'dishonestly Obtaining Financial Advantage by Deception' 'abuse of Trust' 'special Circumstances' 'gambling Addiction']
['criminal Law'] ['sentencing' 'fraud' 'dishonestly Obtaining Financial Advantage by Deception' 'abuse of Trust' 'special Circumstances' 'gambling Addiction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for dishonestly obtaining financial advantage by deception under Crimes Act 1900 s 192E' 'Effect of gambling addiction on sentencing' 'Existence of aggravating and mitigating circumstances' 'Whether special circumstances warrant reduction in non-parole period']

Ratio Decidendi

The offender was sentenced to five years and six months imprisonment with a non-parole period of four years, rounded down to allow for 18 months parole. Special circumstances were found in the sense of rounding the non-parole period, having regard to rehabilitation prospects, remorse, cooperation, and gambling addiction, but not to a degree requiring greater alteration of the statutory relationship.

Court Disposition

convicted and sentenced

Orders

  • ['Conviction entered for dishonestly obtaining a financial advantage by deception.' 'Sentenced to imprisonment for five years and six months: non-parole period of four years commencing 28/11/18, expiring 27/11/22; balance of term one year and six months commencing 28/11/22, expiring 27/5/24.' 'Parole period set for...