MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Bakes v Alexander (No 3) |
Citation: | [2024] ACTMC 2 |
Hearing Date: | 26 February 2023 |
Decision Date: | 1 March 2024 |
Before: | Magistrate Theakston |
Decision: | See [30] |
Catchwords: | CRIMINAL LAW – Sentencing – Theft from voluntary not-for-profit club – Suspended sentence with community service |
Legislation Cited: | Criminal Code 2002 (ACT) s 308 Crimes (Sentencing) Act 2005 (ACT) ss 19, 34(2) Crimes Act 1914 (Cth) s 4K(4) |
Cases Cited: | |
Parties: | Nathan Bakes (Informant) Aaron Alexander (Defendant) |
Representation: | Counsel M Dyason (Informant) E Chen (Offender) |
| Solicitors ACT Director of Public Prosecutions (Informant) Legal Aid ACT (Offender) | |
File Numbers: | See schedule |
MAGISTRATE THEAKSTON:
Introduction
1․This is the third judgment in this matter. The offender is now before the court for sentencing in relation to 48 separate charges. I found the offender guilty of those offences (and others) and those findings were upheld on appeal to the Supreme Court and then the Court of Appeal. (The offender was successful with respect to his appeal against my findings of guilt for other charges.) The charges for sentence are described in some detail in the attached schedule.
The offences
2․Each charge relates to theft contrary to s 308 of the Criminal Code 2002 (ACT). The maximum penalty for each offence is 10 years imprisonment and, as a magistrate, I have the power to impose penalties up to 5 year’s imprisonment for each offence. The offender committed these offences between and including September 2017 and June 2018, when he was the President of the Gungahlin United Football Club. During that time, he operated the club’s main bank account, possessed a debit card attached to a separate club account, and affected the following types of dishonest transactions:
(a)transferred $917.85 on nine occasions (totalling $8,233.65) from the club’s main account to Macquarie Leasing to service a lease on a motor vehicle;
(b)used the club’s debit card to make six payments to Telstra and ACT Road User Services, ranging from around $40 to $570 (totalling $2,088.14); and
(c)transferred funds on 33 occasions from the club’s main account to his personal and business accounts, ranging from $100 to $750 (totalling $13,225.00).
3․The total amount of the 48 transactions, across the three categories, is $23,546.79.
4․Each of those transactions were dishonest, because they were not made for club purposes, in circumstances where the club funds were to be used only for club purposes and there was no separate approval from the club’s executive authorising those transactions. They were made over a period approaching seven and a half months.
5․The individual and combined amounts of those transactions, while no doubt significant to the club, are not particularly large or close to the largest values the courts have seen. However, they are not insignificant either. Most individual transactions represent values of substance well above what could be described as trivial or inconsequential. When combined, the amounts represent values of some modest significance.
6․Additionally,…
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- AGLC
- Bakes v Alexander (No 3) [2024] ACTMC 2
- Case
- [2024] ACTMC 2
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining the appropriate sentence for Bakes, balancing the need for punishment and deterrence with the potential for rehabilitation. This required consideration of the principles of sentencing under criminal law, particularly those relating to theft and offences against non-profit organisations. The court had to weigh the aggravating factors, such as the nature and circumstances of the theft, against any mitigating factors, including Bakes’s personal background and any expressions of remorse.
The court ultimately decided on a suspended sentence accompanied by a requirement for community service. This decision reflected a desire to punish Bakes for his actions while also providing an opportunity for rehabilitation and allowing him to make amends within the community. The judge articulated that the suspended sentence, coupled with community service, was sufficient to address the offence’s gravity and to serve as a deterrent without imposing an excessive burden on Bakes. The court’s reasoning was grounded in the principles of proportionality and the specific facts of the case.
The final orders included a suspended sentence for Bakes, with the condition that he perform a specified amount of community service. This decision was made to ensure that Bakes would face consequences for his actions, while also allowing him the chance to reintegrate into society and contribute positively to the community.
Orders
Orders of the court
See [30]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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