A sentence involving no element of actual imprisonment for a serious offence of theft by a solicitor in a position of trust is likely to be manifestly inadequate. Gambling addiction, while potentially relevant to moral culpability, does not warrant additional leniency where there is no evidence the offender lacked capacity to exercise judgment. Belated remorse arising only in the face of inevitable conviction, combined with failure to make restitution despite having the means to do so, provides a basis for only limited leniency. Payment pursuant to a pecuniary penalty order under the Proceeds of Crime Act 2002 (Cth) is an irrelevant sentencing consideration under s 320(d), but cooperation in resolving such proceedings may be taken into account under s 320(a).
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