Delay in prosecution is mitigatory only through its consequences for the offender (principally rehabilitation achieved during the delay period), not as a standalone factor. The NSW CCA does not endorse discounting sentences to mark disapproval of prosecutorial tardiness. Mental illness that compromises an offender's ability to control faculties but does not prevent understanding of wrongfulness results in only a moderate reduction in moral culpability and does not displace general deterrence for systematic white-collar fraud. A wholly suspended sentence for systematic fraud involving serious breach of trust and gains exceeding $1.7 million is manifestly inadequate.
The full text is available to signed-in members, including the 31 later cases that cite this judgment.
7 of the 31 citing cases carry a classified treatment. How each court treated it is available to signed-in members.