Following Ryan v The Queen, previous good character and personal mitigating factors may not properly be entirely excluded from consideration in any sentencing case, including serious breach of trust offences. To the extent that R v Greenburg suggested otherwise, it should not be followed. However, there will be cases in which, having been duly weighed, such factors will properly play only a minor role. For large-scale breach of trust fraud by finance brokers involving over $5 million and 33 counts over 17 months, an aggregate sentence in the order of 10 years imprisonment (reduced from 14-16 years for early guilty pleas, cooperation and remorse) is within the appropriate range.
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