A total effective sentence of 4 years 6 months for three counts of dishonest use of position as director under s 184(2)(a) of the Corporations Act, involving approximately $757,000 misappropriated over two years, was manifestly excessive where the offender pleaded guilty, was aged 63, had good rehabilitation prospects, and there was delay in sentencing. The appropriate sentence was 3 years 6 months with a non-parole period of 2 years 6 months. The Court observed that the 5-year maximum penalty constrains sentencing for serious cases and invited legislative consideration of whether greater flexibility is needed.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
3 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.