For offences under s 178BA of the Crimes Act 1900 (NSW) involving extensive defalcations by a senior employee over a long period and in a large amount (approximately $400,000), an effective total sentence of six and a half years with a non-parole period of four and a half years is at the top of the permissible range but not manifestly excessive, even where there are strong subjective features including pathological gambling, early guilty pleas, no prior convictions, and payment of substantial compensation. Cumulative sentences are appropriate where concurrent sentences would not adequately reflect the total criminality of offences committed over an extended period.
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