In sentencing for large-scale theft and deception involving breach of trust, the absence of personal financial benefit to the offender is a relevant mitigating factor that can properly be taken into account. Where a plea is conducted on an erroneous factual basis overstating the quantum of the fraud, this significantly weakens a Crown appeal against sentence. Comparable sentencing cases are of limited utility where none involves an offender who derived no personal financial benefit from the criminality.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.