R v Fellowes; ex parte Commonwealth Director of Public Prosecutions

A sentence of imprisonment with immediate release on recognisance (no actual custody) for offences of dishonest use of position involving $1.595 million over two years is not necessarily manifestly inadequate where there is an unusual combination of mitigating circumstances including full restitution with interest before investigation, no quantifiable victim loss, seven years without reoffending while in the same occupation, early guilty plea, genuine remorse, and significant career consequences. The few intermediate appellate court decisions on s 184(2)(a) offending do not yield a sentencing pattern or applicable range.