Our client was charged with obtaining property by deception whilst working as a bookkeeper, a position our client had held for several years.
What is alleged to have occurred?
It was alleged that our client redirected more than $38,000 from the business to personal bank accounts by overpaying suppliers and then redirecting the subsequent refunds. This was eventually identified by the chief financial officer and client’s employment was terminated.
The circumstances of the offending were particularly aggravating because our client abused a position of trust for personal gain and committed the offences over a period of more than two and a half years.
Our client was charged with 50 individual charges of obtaining property by deception. The case was heard at the Melbourne Magistrates Court.
What happened at court?
In cases involving allegations of fraud, the court assesses the seriousness of the offending with reference to particular circumstances including whether the accused was employed in a position of trust, the offending occurred over a prolonged period, and the deception involved planning and sophistication.
We knew that this was a case of obtaining property by deception by a bookkeeper involving circumstances that place our client at risk of receiving a prison sentence.
Our office engaged in robust case conferencing with prosecution whereby some duplicate charges were withdrawn. The remaining 48 charges were rolled up to a single between dates charge. The total sum was reduced from $38,000 to $35,000 for a single offence.
We assisted our client with a carefully prepared plea of guilty, involving full repayment of the money and immediate engagement with mental health services. We arranged for forensic psychological report to be prepared in support of an anticipated plea of guilty.
Our client was a hardworking single mother of two who had an exemplary work history and an otherwise unblemished record with the law. She had experienced hardship in her youth and this trauma had never been addressed. The offending occurred whilst she was struggling to support her young daughter who had special needs and complex mental health issues.
We filed written submissions and materials in support which were compelling on the issue of her remorse. The issue of conviction was of importance as our client volunteered at dancing and surf lifesaving schools.
The Magistrate was initially minded to impose a conviction and prison sentence. Through submissions, we identified that the client had not only made full restitution but had voluntarily ceased offending a number of months before being identified. These factors heavily mitigated the offending in addition to the materials which provided an assessment of ‘low risk’ for future offending. Corrections had also deemed her unsuitable for supervision conditions and community hours.
What was the result?
Our client was placed on an Adjourned Undertaking to be of good behaviour for 18 months, with conditions to make a donation to the court fund and engage with a mental health support service. Importantly, the order was made without conviction.
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 28/10/2024
