Obtain Financial Advantage by Deception, Breach Trust – Partially Suspended Sentence

Our client allegedly used his position at a financial institution to get access to a customer account and transfer $315,000 into a co-accused’s bank account. This co-accused fled the country with most of the money.

Aggravating features include breach of trust and multiple planned steps taken to find dormant account and get banking institution to authorise transfer without the account holder knowing.

Money that went oversees was not recovered.

Our client was charged with Obtain financial advantage by deception and we represented him at the Melbourne County Court.

Crown range was 2.5 years with minimum NPP of 18 months. The actual sentence was 2 years with 6 months to serve. The Court took into account our client’s early plea of guilty, hardship to his family that he was supporting in Pakistan, and his wife who will unlikely be able to financially survive without his income and would likely have to leave the country and abandon her studies.

Lengthy written and oral submissions were able to be made in relation to the hardship which resulted in the Court being able to take those matters into account without meeting the exceptional circumstances threshold, given the effect that the hardship to our client’s family would have on our client whilst in custody.

Submissions also helped the Court to determine that specific deterrence need not loom large and that in all of the circumstances, an unusually lengthy non-parole period was appropriate, hence limiting the time he actually spent in jail considerably.

Our client received a term of imprisonment of 2 years but partially suspended it so that our client can serve only 6 months before being released.


DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 25/02/2013