R v Welda BACOLOD [2008] NSWDC 81

R v Welda BACOLOD [2008] NSWDC 81

Concurrent sentences are to be imposed for all offences except the most serious offence of embezzlement by a clerk during 14 January 2006 to 30 December 2006, which warrants a partially accumulated sentence, reflecting both the amount taken and the culmination of persistent offending. The overall sentence must reflect the need for general deterrence, the seriousness of the breach of trust, and the offender's limited remorse and lack of restitution, with appropriate discount for early guilty plea and cooperation.

Jurisdiction
Australia
Judgment Date
28 March 2008
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to imprisonment with partially accumulated terms for separate embezzlement offences.
Legal Topics
['sentence' 'embezzlement' 'obtaining Money by Deception' 'breach of Trust']
['criminal Law'] ['sentence' 'embezzlement' 'obtaining Money by Deception' 'breach of Trust']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for multiple embezzlement and deception offences committed by an employee involving significant sums over a lengthy period?' 'How do factors such as breach of trust, use of funds, cooperation, guilty plea, and family circumstances affect sentencing?']

Ratio Decidendi

Concurrent sentences are to be imposed for all offences except the most serious offence of embezzlement by a clerk during 14 January 2006 to 30 December 2006, which warrants a partially accumulated sentence, reflecting both the amount taken and the culmination of persistent offending. The overall sentence must reflect the need for general deterrence, the seriousness of the breach of trust, and the offender's limited remorse and lack of restitution, with appropriate discount for early guilty plea and cooperation.

Court Disposition

Offender sentenced to imprisonment with partially accumulated terms for separate embezzlement offences.

Orders

  • ['On all offences apart from the offence of embezzlement by a clerk relating to the period 14 January 2006 to 30 December 2006, offender is sentenced to imprisonment for three years from 28 March 2008 (fixed term).' 'For the offence of embezzlement by a clerk for the period 14 January 2006 to 30 December 2006,...