An attempt to obtain property by deception is a continuing criminal enterprise offence within the meaning of Schedule 1A of the Sentencing Act 1991 (Vic), by operation of item 2 of Schedule 1A read with items 2(f) and 5 of Schedule 2 of the Confiscation Act 1997 (Vic). A sentence of 8 years and 6 months with a non-parole period of 5 years and 6 months was upheld for a Ponzi scheme involving $4.7 million over nearly 7 years with 23 victims, where the offending was perpetrated under the cloak of legitimacy offered by the offender's position in a law firm.
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