Obtain Financial Advantage by Deception – Wholly Suspended Sentence

Our client was charged with obtaining financial advantage by deception and obtaining property by deception arising from his employment (as a shift Manager) working at a TAB agency.

He placed personal bets at his workplace (purporting to be a client’s) on credit without making payments on those bets over a 4-hour period.

The value of bets exceeded $100,000 however as many of the bets were fruitful, the loss caused was $53,843.00 and the subject of a restitution order.

He admitted the illegal betting and was dismissed as a result.

He had relevant prior offending for which he served weekend detention in NSW for a number of years earlier.

We represented our client at the Melbourne County Court.

We were able to obtain a psychological report that indicated he was an undiagnosed pathological gambler who was also suffering from a major depressive disorder at the time.

Significant legal argument was made in relation to the applicability of a seminal case on gambling and its role in sentencing people who have committed offences to support a gambling addiction.

The psychological material, in addition to the legal argument about distinguishing the particular features of this case from the existing case law, was successful. The Court ultimately found that it could use the evidence of his gambling addiction to mitigate the offending and to wholly suspend a sentence that otherwise would have been imposed to be immediately served.

 


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