Where the Crown enters a nolle prosequi on a charge, the conduct underlying that abandoned charge cannot be taken into account as loss caused by the offending on the remaining charges, even where the financial consequences of that conduct (such as a Fidelity Fund payment) are connected to the same estate. For solicitors convicted of dishonestly applying trust money of approximately $850,000 where no financial loss resulted, a sentence of five years imprisonment with parole eligibility at one-third is within the appropriate range.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
3 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.