Director of Public Prosecutions v Acevska
[2021] VCC 1565
•8 October 2021
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-20-01797
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ANNA ACEVSKA |
---
JUDGE: | Her Honour Judge Hassan | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 26 May, 6 July, 17 August and 10 September 2021 | |
DATE OF SENTENCE: | 8 October 2021 | |
CASE MAY BE CITED AS: | DPP v Acevska | |
MEDIUM NEUTRAL CITATION: | [2021] VCC 1565 | |
REASONS FOR SENTENCE
---
Subject:CRIMINAL LAW
Catchwords: Sentence — theft — plea of guilty — theft from employer — accounting — banking — fraudulent transactions — gambling — early plea — COVID-19 — remorse — position of trust — breach of trust — moral culpability — serious offending — dishonesty — no criminal history — prior good character — family violence — diabetes — diabetic retinopathy — blindness — heart failure — major depressive disorder — depression — prospects of rehabilitation — family hardship — white-collar crime — general deterrence — denunciation
Legislation Cited: Sentencing Act 1991 (Vic); Corrections Act 1986 (Vic)
Cases Cited:Worboyes v The Queen [2021] VSCA 169; R v Verdins (2007) 16 VR 269; Markovic v The Queen (2010) 30 VR 589; Kovacevic v The Queen [2021] VSCA 49; Director of Public Prosecutions (Vic) v Caulfield [2019] VSCA 131
Sentence: Total effective sentence of two years and three months with non-parole period of one year and three months
Section 6AAA declaration: total effective sentence of four years with non-parole period of two and a half years
---
APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr J Singh (Plea) Ms F Lulo (Sentence) | Solicitor for the Office of Public Prosecutions |
| For the Accused | Mr T Roubos |
HER HONOUR:
1Anna Acevska, you have pleaded guilty to one charge of theft (charge 1), for which the maximum penalty is a term of imprisonment of 10 years.
2The full facts and circumstances of your offending are set out in the prosecution opening tendered upon the plea. Your offending can be summarised briefly.
3Between 1 November 2018 and 11 March 2020, you stole $1,432,301.69 from your employer, Williamstown Crane Hire (‘WCH’), a subsidiary of McKay United Pty Ltd Group. WCH supplies cranes for hire to the construction and agriculture industries.
4You were employed as an office manager by WCH in September 2018. Your starting salary was $1100 per week, and you had full autonomy and control over the company’s accounts payable and accounts receivable. You had full access to the company’s accounting software and to the company’s online banking. One of your tasks was to manually enter creditors’ invoice details onto the accounting software ready for payment.
5During the offending period, you manually altered creditor invoice account details to be paid by substituting the creditor’s account details with details of one of the 10 bank accounts owned by you or by your sons. There were 243 of these fraudulent transactions.
6In March 2020, you took two weeks’ leave. It was during this period that the accounting discrepancies were detected and brought to the attention of the company.
7Upon your return to work, you were questioned about the discrepancies, but during the meeting you said that you were ill and had to leave without offering any kind of explanation. You left and did not return to work after that day. Your employer made attempts to speak with you until May 2020 but you consistently refused to discuss the matter.
8A complete table describing all 243 transactions is as follows:
DATE AMOUNT ($) FROM ACCOUNT TO ACCOUNT 1 November 2018 2,090 013202110406562 BSB 063-097,
account 22661746
1 November 2018 1,467.29 013202110406562 BSB 063-097,
account 22661746
7 November 2018 6,604.50 013202110406562 BSB 063-247,
account 10175906
12 November 2018 1,653.48 013202110406562 BSB 063-247,
account 10175906
15 November 2018 9,116.95 013202110406562 BSB 063-247,
account 10175906
15 November 2018 4,594.70 013202110406562 BSB 063-247,
account 10175906
21 November 2018 9463 013202110406562 BSB 063-247,
account 16239143
23 November 2018 3,225.40 013202110406562 BSB 063-247,
account 10175906
27 November 2018 2871 013202110406562 BSB 063-097,
account 22661746
28 November 2018 8,399.60 013202110406562 BSB 063-247,
account 10175906
30 November 2018 5,046.25 013202110406562 BSB 063-097,
account 22661746
3 December 2018 3,735.60 013202110406562 BSB 063-247,
account 10175906
5 December 2018 7,624.10 013202110406562 BSB 063-097,
account 16239143
7 December 2018 9,732.98 013202110406562 BSB 063-097,
account 16239143
7 December 2018 3,735.60 013202110406562 BSB 063-247,
account 10175906
7 December 2018 6,525 013202110406562 BSB 063-097,
account 16239143
12 December 2018 8,019 013202110406562 BSB 063-097,
account 16239143
14 December 2018 3,162.02 013202110406562 BSB 063-097,
account 16239143
18 December 2018 6,333.25 013202110406562 BSB 063-097,
account 22661746
21 December 2018 10,167.84 013202110406562 BSB 063-097,
account 16239143
27 December 2018 9,166.95 013202110406562 BSB 063-097,
account 16239135
3 January 2019 8,954.55 013202110406562 BSB 063-097,
account 22661746
10 January 2019 2,406.25 013202110406562 BSB 063-097,
account 16239143
11 January 2019 3,273.60 013202110406562 BSB 063-097,
account 22661746
16 January 2019 8,107.82 013202110406562 BSB 063-097,
account 16239143
18 January 2019 4,594.70 013202110406562 BSB 063-097,
account 22661746
18 January 2019 2,261.05 013202110406562 BSB 063-247,
account 10175906
18 January 2019 19,565.82 013202110406562 BSB 063-097,
account 16239143
21 January 2019 3,898.95 013202110406562 BSB 063-247,
account 10175906
23 January 2019 7,774.80 013202110406562 BSB 063-247,
account 10175906
24 January 2019 2,531.54 013202110406562 BSB 063-247,
account 10175906
25 January 2019 2,952 013202110406562 BSB 063-097,
account 16239143
29 January 2019 7,378.25 013202110406562 BSB 063-247,
account 10175906
1 February 2019 4,625.50 013202110406562 BSB 063-247,
account 10175906
1 February 2019 1,915.65 013202110406562 BSB 063-097,
account 16239143
4 February 2019 2,992 013202110406562 BSB 063-097,
account 16239143
7 February 2019 2,996.94 013202110406562 BSB 063-097,
account 22661746
8 February 2019 462 013202110406562 BSB 063-097,
account 22661746
8 February 2019 3,488.10 013202110406562 BSB 063-247,
account 10175906
11 February 2019 4,169 013202110406562 BSB 063-097,
account 16239135
13 February 2019 3,278.02 013202110406562 BSB 063-097,
account 22661746
15 February 2019 2,286.20 013202110406562 BSB 063-097,
account 16239135
18 February 2019 5,692.72 013202110406562 BSB 063-097,
account 16239135
19 February 2019 2,442 013202110406562 BSB 063-247,
account 10175906
21 February 2019 4,287 013202110406562 BSB 063-247,
account 10175906
22 February 2019 5,473.95 013202110406562 BSB 063-097,
account 22661746
25 February 2019 5,866 013202110406562 BSB 063-097,
account 16239143
1 March 2019 2,233 013202110406562 BSB 063-097,
account 22661746
1 March 2019 7,004.58 013202110406562 BSB 063-247,
account 10175906
4 March 2019 5,889.07 013202110406562 BSB 063-247,
account 10175906
6 March 2019 5,382.47 013202110406562 BSB 063-097,
account 16239135
7 March 2019 3,965 013202110406562 BSB 063-097,
account 16239143
12 March 2019 5,148 013202110406562 BSB 063-247,
account 10175906
12 March 2019 4,059 013202110406562 BSB 063-097,
account 16239135
13 March 2019 2,442 013202110406562 BSB 063-247,
account 10175906
15 March 2019 6,300.20 013202110406562 BSB 063-097,
account 22661746
15 March 2019 3,909.35 013202110406562 BSB 063-247,
account 10175906
18 March 2019 5,332.47 013202110406562 BSB 063-097,
account 16239135
20 March 2019 3,649.80 013202110406562 BSB 063-097,
account 16239143
22 March 2019 3,190 013202110406562 BSB 063-097,
account 16239143
25 March 2019 6,512.06 013202110406562 BSB 063-247,
account 10175906
26 March 2019 3,828.25 013202110406562 BSB 063-097,
account 16239143
27 March 2019 2,237.05 013202110406562 BSB 063-097,
account 16239135
28 March 2019 3,461.07 013202110406562 BSB 063-097,
account 22661746
28 March 2019 4,762.96 013202110406562 BSB 063-247,
account 10175906
29 March 2019 2,145 013202110406562 BSB 063-247,
account 10175906
1 April 2019 9,361.60 013202110406562 BSB 063-097,
account 22661746
5 April 2019 7,025.98 013202110406562 BSB 063-247,
account 10175906
8 April 2019 5,617.70 013202110406562 BSB 063-247,
account 10175906
9 April 2019 3,281.80 013202110406562 BSB 063-097,
account 16239143
10 April 2019 3,965 013202110406562 BSB 063-247,
account 10175906
5 April 2019 7,025.98 013202110406562 BSB 063-247,
account 10175906
12 April 2019 7,106 013202110406562 BSB 063-097,
account 22661746
16 April 2019 8,954.55 013202110406562 BSB 063-247,
account 10175906
18 April 2019 7,689.30 013202110406562 BSB 063-097,
account 16239143
23 April 2019 9,345.20 013202110406562 BSB 063-097,
account 22661746
26 April 2019 7,821 013202110406562 BSB 063-247,
account 10175906
30 April 2019 7,341.11 013202110406562 BSB 063-097,
account 16239135
1 May 2019 8,255 013202110406562 BSB 063-247,
account 10175906
6 May 2019 8,221.47 013202110406562 BSB 063-097,
account 16239135
8 May 2019 6,435 013202110406562 BSB 063-247,
account 10175906
10 May 2019 6,958.50 013202110406562 BSB 063-247,
account 10175906
13 May 2019 7,159.20 013202110406562 BSB 063-097,
account 16239143
14 May 2019 3,966.57 013202110406562 BSB 063-097,
account 16239135
20 May 2019 4,322.10 013202110406562 BSB 063-247,
account 10175906
22 May 2019 8,522.30 013202110406562 BSB 063-097,
account 16239135
23 May 2019 5,537.95 013202110406562 BSB 063-247,
account 10175906
24 May 2019 5,799.75 013202110406562 BSB 063-247,
account 10175906
27 May 2019 6,665.85 013202110406562 BSB 063-097,
account 16239135
30 May 2019 3,528.79 013202110406562 BSB 063-097,
account 16239143
31 May 2019 5,623.20 013202110406562 BSB 063-097,
account 16239143
7 June 2019 2,442 013202110406562 BSB 063-247,
account 10175906
20 June 2019 6,556.86 013202110406562 BSB 063-097,
account 16239135
20 June 2019 8,719.15 013202110406562 BSB 063-247,
account 10175906
21 June 2019 6,611 013202110406562 BSB 063-247,
account 10175906
27 June 2019 7,923.20 013202110406562 BSB 063-247,
account 10175906
4 July 2019 4,857.49 013202110406562 BSB 063-097,
account 16239143
5 July 2019 6,306.50 013202110406562 BSB 063-097,
account 22661746
8 July 2019 6,435 013202110406562 BSB 063-247,
account 10175906
10 July 2019 2,442 013202110406562 BSB 063-247,
account 10175906
12 July 2019 7,522.30 013202110406562 BSB 063-247,
account 10175906
15 July 2019 5,820.32 013202110406562 BSB 063-097,
account 16239143
18 July 2019 3,254.08 013202110406562 BSB 063-247,
account 10175906
19 July 2019 4,290 013202110406562 BSB 063-247,
account 10175906
22 July 2019 5,898.20 013202110406562 BSB 063-097,
account 22661746
22 July 2019 4,290 013202110406562 BSB 063-247,
account 10175906
25 July 2019 4,669.50 013202110406562 BSB 063-247,
account 10175906
26 July 2019 7,833.60 013202110406562 BSB 063-097,
account 16239135
29 July 2019 7,214.60 013202110406562 BSB 063-097,
account 16239135
30 July 2019 7,142.98 013202110406562 BSB 063-247,
account 10175906
30 July 2019 3,828. 013202110406562 BSB 063-097,
account 16239135
2 August 2019 6,897 013202110406562 BSB 063-247,
account 10175906
5 August 2019 9,393.12 013202110406562 BSB 063-097,
account 22661746
7 August 2019 5,041.85 013202110406562 BSB 063-097,
account 16239135
9 August 2019 8,521.19 013202110406562 BSB 063-097,
account 22661746
9 August 2019 3,942.40 013202110406562 BSB 063-097,
account 16239143
14 August 2019 9,482.19 013202110406562 BSB 063-097,
account 16239135
16 August 2019 5,041.85 013202110406562 BSB 063-097,
account 22661746
16 August 2019 3,910.50 013202110406562 BSB 063-247,
account 10175906
19 August 2019 7,533.20 013202110406562 BSB 063-247,
account 10175906
21 August 2019 5,667.95 013202110406562 BSB 063-097,
account 22661746
23 August 2019 9,230.65 013202110406562 BSB 063-247,
account 10175906
26 August 2019 9,703.40 013202110406562 BSB 063-247,
account 10175906
27 August 2019 4,958.69 013202110406562 BSB 063-097,
account 16239143
30 August 2019 8,923.60 013202110406562 BSB 063-097,
account 22661746
2 September 2019 7,634 013202110406562 BSB 063-247,
account 10175906
4 September 2019 4,774.36 013202110406562 BSB 063-097,
account 16239135
6 September 2019 7,634 013202110406562 BSB 063-097,
account 16239135
6 September 2019 2,978.08 013202110406562 BSB 063-097,
account 30234058
9 September 2019 1,892.30 013202110406562 BSB 063-097,
account 16239143
10 September 2019 2,943.60 013202110406562 BSB 063-097,
account 30234058
11 September 2019 2,816 013202110406562 BSB 063-097,
account 16239135
12 September 2019 8,421.01 013202110406562 BSB 063-097,
account 22661746
13 September 2019 3,841.75 013202110406562 BSB 063-097,
account 30234058
13 September 2019 6,180.83 013202110406562 BSB 063-097,
account 22661746
16 September 2019 6,375.60 013202110406562 BSB 063-097,
account 30234058
17 September 2019 6,336 013202110406562 BSB 063-097,
account 22661746
18 September 2019 7,073.50 013202110406562 BSB 063-097,
account 22661746
20 September 2019 6,432 013202110406562 BSB 063-097,
account 22661746
24 September 2019 7,381 013202110406562 BSB 063-097,
account 22661746
25 September 2019 6,158.35 013202110406562 BSB 063-097,
account 30234058
26 September 2019 7,734.63 013202110406562 BSB 063-097,
account 22661746
30 September 2019 8,077.50 013202110406562 BSB 063-097,
account 22661746
1 October 2019 4,121.15 013202110406562 BSB 063-247,
account 10175906
2 October 2019 4,290 013202110406562 BSB 063-097,
account 22661746
4 October 2019 5,768.40 013202110406562 BSB 063-097,
account 22661746
9 October 2019 4,347 013202110406562 BSB 063-097,
account 16239143
11 October 2019 6,254.60 013202110406562 BSB 063-247,
account 10175906
14 October 2019 4,820.56 013202110406562 BSB 063-097,
account 16239143
15 October 2019 4,104.39 013202110406562 BSB 063-097,
account 22661746
16 October 2019 7,213.56 013202110406562 BSB 063-097,
account 16239143
18 October 2019 1,944.98 013202110406562 BSB 063-097,
account 16239143
18 October 2019 3,623.85 013202110406562 BSB 063-247,
account 10175906
21 October 2019 8,300.85 013202110406562 BSB 063-097,
account 30234058
23 October 2019 3,392.41 013202110406562 BSB 063-247,
account 10175906
24 October 2019 4,290 013202110406562 BSB 063-097,
account 30234058
25 October 2019 3,805 013202110406562 BSB 063-097,
account 30234058
28 October 2019 4,224 013202110406562 BSB 063-097,
account 22661746
29 October 2019 5,461.32 013202110406562 BSB 063-247,
account 10175906
30 October 2019 2,463.15 013202110406562 BSB 063-097,
account 30234058
1 October 2019 4,121.15 013202110406562 BSB 063-247,
account 10175906
1 November 2019 5,852.30 013202110406562 BSB 063-097,
account 16239143
4 November 2019 6,214.40 013202110406562 BSB 063-247,
account 10175906
8 November 2019 8,049.45 013202110406562 BSB 063-247,
account 10175906
8 November 2019 8,049.45 013202110406562 BSB 063-247,
account 10175906
11 November 2019 9009 013202110406562 BSB 063-097,
account 16239143
11 November 2019 4,647 013202110406562 BSB 063-097,
account 30234058
13 November 2019 5,941.71 013202110406562 BSB 063-247,
account 10175906
13 November 2019 7,200.60 013202110406562 BSB 063-097,
account 22661746
14 November 2019 9,735.75 013202110406562 BSB 063-247,
account 10175906
14 November 2019 1.575 013202110406562 BSB 063-097,
account 16239143
20 November 2019 7,360.91 013202110406562 BSB 063-097,
account 30234058
21 November 2019 4,670 013202110406562 BSB 063-247,
account 10175906
22 November 2019 5,283.04 013202110406562 BSB 063-097,
account 30234058
25 November 2019 5.643 013202110406562 BSB 063-097,
account 22661746
27 November 2019 7,686.17 013202110406562 BSB 063-097,
account 30234058
28 November 2019 9,899.31 013202110406562 BSB 063-765,
account 10745622
29 November 2019 5,446.13 013202110406562 BSB 063-097,
account 16239143
2 December 2019 8,263.20 013202110406562 BSB 063-097,
account 22661746
3 December 2019 5,750 013202110406562 BSB 063-097,
account 16239143
4 December 2019 3,864.30 013202110406562 BSB 063-765,
account 10745622
5 December 2019 10,195.56 013202110406562 BSB 063-097,
account 32928950
6 December 2019 3,592.30 013202110406562 BSB 063-097,
account 16239143
9 December 2019 9,536.28 013202110406562 BSB 063-097,
account 30234058
10 December 2019 3,302.60 013202110406562 BSB 063-765,
account 10745622
12 December 2019 7,214.58 013202110406562 BSB 063-097,
account 22661746
16 December 2019 9,828.55 013202110406562 BSB 063-765,
account 10745622
16 December 2019 7,530.05 013202110406562 BSB 063-097,
account 22661746
19 December 2019 3,864.30 013202110406562 BSB 063-765,
account 10745622
19 December 2019 14,204.10 013202110406562 BSB 063-097,
account 22661746
20 December 2019 5,600 013202110406562 BSB 063-765,
account 10745622
20 December 2019 4,746.23 013202110406562 BSB 063-097,
account 16239135
20 December 2019 11,396.59 013202110406562 BSB 063-097,
account 16239135
6 January 2020 8,152.30 013202110406562 BSB 063-097,
account 16239143
7 January 2020 8,352.30 013202110406562 BSB 063-097,
account 24766269
8 January 2020 5,455.87 013202110406562 BSB 063-097,
account 33035193
10 January 2020 6,747.90 013202110406562 BSB 063-765,
account 10745622
10 January 2020 6,864.20 013202110406562 BSB 063-097,
account 32866403
13 January 2020 8,562.40 013202110406562 BSB 063-097,
account 22661746
14 January 2020 13,505.26 013202110406562 BSB 063-097,
account 32866403
15 January 2020 6,380 013202110406562 BSB 063-765,
account 10745622
16 January 2020 4,410.40 013202110406562 BSB 063-097,
account 24766269
16 January 2020 1,936 013202110406562 BSB 063-247,
account 10175906
17 January 2020 6,858.51 013202110406562 BSB 063-765,
account 10745622
17 January 2020 4,785 013202110406562 BSB 063-765,
account 10745622
17 January 2020 10,456.40 013202110406562 BSB 063-097,
account 22661746
21 January 2020 1,180.30 013202110406562 BSB 063-765,
account 10745622
21 January 2020 6,175.45 013202110406562 BSB 063-097,
account 30234058
23 January 2020 9,966 013202110406562 BSB 063-247,
account 10175906
23 January 2020 7,761.50 013202110406562 BSB 063-097,
account 30234058
23 January 2020 7,879.10 013202110406562 BSB 063-097,
account 24766269
28 January 2020 6,263.30 013202110406562 BSB 063-765,
account 10745622
30 January 2020 2,402 013202110406562 BSB 063-097,
account 16239135
31 January 2020 3,068.88 013202110406562 BSB 063-765,
account 10745622
31 January 2020 3,234 013202110406562 BSB 063-097,
account 30234058
3 February 2020 3,019.50 013202110406562 BSB 063-097,
account 16239135
4 February 2020 6,374.05 013202110406562 BSB 063-247,
account 10175906
4 February 2020 7,689 013202110406562 BSB 063-097,
account 16239135
6 February 2020 6,567.80 013202110406562 BSB 063-765,
account 10745622
7 February 2020 6,480.35 013202110406562 BSB 063-097,
account 22661746
10 February 2020 2,825.51 013202110406562 BSB 063-097,
account 16239135
11 February 2020 6,160 013202110406562 BSB 063-765,
account 10745622
13 February 2020 4,730.06 013202110406562 BSB 063-097,
account 33035193
14 February 2020 5,655 013202110406562 BSB 063-765,
account 10745622
14 February 2020 4,151.21 013202110406562 BSB 063-097,
account 16239135
17 February 2020 3,945.53 013202110406562 BSB 063-097,
account 32866403
17 February 2020 7,396.90 013202110406562 BSB 063-765,
account 10745622
17 February 2020 16,157.46 013202110406562 BSB 063-097,
account 16239143
19 February 2020 15,168.73 013202110406562 BSB 063-097,
account 22661746
25 February 2020 3,137.95 013202110406562 BSB 063-247,
account 10175906
25 February 2020 8,723.50 013202110406562 BSB 063-097,
account 16239143
26 February 2020 8,254.60 013202110406562 BSB 063-247,
account 10175906
26 February 2020 9,333.50 013202110406562 BSB 063-097,
account 24766269
27 February 2020 7,649.13 013202110406562 BSB 063-097,
account 33035193
28 February 2020 7,649.13 013202110406562 BSB 063-097,
account 33035193
11 March 2020 5,928.44 013202110406562 BSB 063-247,
account 10175906
9A search warrant was executed at your home on 1 September 2020. Investigators seized multiple luxury items, including handbags and clothing, jewellery, and a Black Mercedes AMG hatch.
10You were interviewed by police. You admitted your offending. You told police that you had had a hard life. You had been a single mother for 12 years without financial support from your former husband, and you struggled to provide for your two sons. You also said that you gambled and lost money playing poker machines. You said that you were ‘really remorseful’.
11Consistent with your admissions to police, you have always indicated a preparedness to plead guilty. This matter resolved on 14 December 2020 at a committal mention hearing. This is a plea at the earliest opportunity. It carries significant utilitarian value, which is heightened in the current context of COVID-19 and the disruption which it has caused to the administration of criminal justice in this state. Your situation is precisely the kind recently described by the Court of Appeal in the case of Worboyes v The Queen.[1] That is, you are an accused on bail for whom there are real disincentives to plead guilty in the current climate. I also find that your plea of guilty, in conjunction with your admissions to the police, is indicative of remorse on your part.
[1] [2021] VSCA 169.
12Turning now to an assessment of the gravity of your offending and your moral culpability, the serious features of your offending are obvious and hardly need elaboration. You stole a very large amount of money over a protracted period. Your offending was relentless. You stole large amounts of money regularly. Most of the individual incidents making up the charge are for individual amounts of thousands of dollars. You only ceased when your offending was detected.
13Your offending was not sophisticated, but you were regularly able to steal large amounts because you were in a position of trust and worked autonomously without supervision. As is often the case in offending such as yours, you were only detected when you took leave and someone else took charge of the company’s accounts and detected and reported anomalies. Your offending therefore involves a gross breach of trust and I regard your moral culpability as high. Your motivation was clearly personal enrichment. I accept that you have misguidedly tried to provide for your sons, one of whom has an intellectual disability, and to give them things that you could otherwise not afford, but this does not diminish your moral culpability. You earned a good salary and, although you may have been financially constrained, you were certainly not destitute or in need. Your situation is not akin to one where, for example, a desperate parent steals to provide for a sick child or relative. Nor does your excessive gambling mitigate your offending. It simply provides some explanation for your dishonest conduct.
14I turn now to your personal circumstances. You were born on 29 September 1971. so you have just turned 50. You were born in Melbourne. Your parents were Macedonian. Your parents are both deceased.
15You completed year 12 and obtained a trainee internship at the Commonwealth Bank. You completed your internship successfully and were offered a position at the bank. You worked there for 10 years processing loans and you then went to the Bank of Melbourne, where you worked in a similar position for a further three years. You then moved to the construction sector, in which you worked for a further 12 years before obtaining your position at WCH.
16Prior to the offending for which you now fall to be sentenced, you were a person of good character. You have no prior criminal history.
17You married in 1995 and separated in 2008. You have two sons, Adrian, born in 1998, who is now aged 23, and Matthew, born in 2004, who is now aged 17. Matthew has a moderate intellectual disability and has significant developmental delay.
18Your former husband suffers from schizophrenia which went undiagnosed for many years. He was emotionally and physically abusive to you during your marriage. Following the break-up of your marriage and your divorce, he has stalked and threatened you and your children. Police have taken out intervention orders on your behalf, but your former husband does not abide by them and you and your children have had to relocate 10 times in 12 years. You are fearful that if you are sentenced to a term of imprisonment, your sons are unprotected and may be stalked by your former husband.
19You were diagnosed with diabetes in 2017. You now have a number of serious health problems, the most significant of which is diabetic retinopathy which is causing your eyesight to deteriorate. Your eyesight is at present very poor; indeed, you are almost blind.
20You have had a number of surgeries over the past 12 or so months. Your condition cannot be cured or reversed, but the deterioration of your vision can be arrested by ongoing treatment and potentially by further surgery. You are under the treatment of the vitreoretinal team at the Eye and Ear Hospital. You have just recently entered an agreement with Guide Dogs Victoria to commence mobility training using a cane.
21In a report to the Court by Dr Shams, general practitioner, he says, in response to the question whether it is likely you will go permanently blind, ‘I am unable to answer this question. Diabetic retinopathy can lead to permanent blindness if not treated appropriately. With appropriate and timely care, this can usually be avoided.’
22You were admitted to the Western Health Hospital on 12 May 2021 with heart failure which was triggered by hypertension. Dr Amera Halabi, cardiology consultant, says in a report dated 5 August 2021 that during your stay in hospital, you underwent several cardiac investigations which showed features consistent with heart failure. She says since your discharge from hospital, you require ongoing management from the heart failure services at the Sunshine Hospital. You also need to regularly monitor your blood pressure.
23A psychological report of Associate Professor Peter Doherty, consultant psychiatrist, dated 1 June 2021, was tendered at your plea. Associate Professor Doherty gives the opinion that you have a diagnosable psychiatric condition, namely, a major depressive disorder. He is of the opinion that your disorder has existed from the time of your violent marriage and the ongoing harassment you have suffered at the hands of your former husband. He gives the opinion that your offending and your excessive gambling may have afforded you some psychological relief from your oppressive circumstances and may have had the effect of lifting your depressive mood. He says your major depressive disorder persists and has never been adequately treated. He gives the opinion that incarceration will very likely significantly worsen your mental health, given the separation from your children, especially your younger son, and in conjunction with the distress you suffer because of your deteriorating eyesight.
24Associate Professor Doherty gives the opinion that the likelihood of you reoffending is very low and that your prospects of rehabilitation are good. He gives this opinion on the basis of your prior good character and his assessment of your offending as situational and occurring in the context of your difficulty coping with your former husband’s ongoing harassment and having to provide for your children unsupported. He says that you are committed to your children’s welfare and are ashamed and embarrassed about what you have done.
25I turn now to the submissions of the parties. Mr Singh, who appeared to prosecute, submitted that your offending was very serious, involving an amount in excess of $1.4 million perpetrated over 16 months and involving 243 transactions. He submitted it involved a very grave breach of trust and submitted that a sentence of imprisonment consisting of a head sentence and a non-parole period was appropriate.
26Mr Roubos, who appeared on your behalf, acknowledged the seriousness of your offending but urged me to consider a non-custodial sentence, relying on your poor mental and physical health. It was his submission that you are at a real risk of going completely blind if incarcerated. Mr Roubos relied on the report of Associate Professor Doherty and submitted Verdins principles 5 and 6 were engaged in sentencing you.[2] That is, a sentence of imprisonment would weigh more heavily on you than on a prisoner in robust mental health, and that your mental health is likely to deteriorate during a term of imprisonment.
[2] R v Verdins (2007) 16 VR 269 (‘Verdins’).
27Mr Roubos also relied on family hardship. He submitted that if you are incarcerated, the care of your disabled 17-year-old son Matthew will fall to your older son Adrian. Adrian has indicated that he will care for his brother. Mr Roubos submitted that this situation is fraught with difficulty. Adrian has a full-time job and, despite his best intentions and his best efforts, he may nevertheless fail to care for his younger brother adequately. Mr Roubos submitted that the consequences of any failure to care for Matthew could be ‘catastrophic’.
28In response, Mr Singh submitted that there was some application of Verdins principles 5 and 6 on the basis of Associate Professor Doherty’s report. He submitted that to demonstrate family hardship, exceptional circumstances must be shown on the evidence.[3] Mr Singh acknowledged that it will be difficult for your sons if you are incarcerated, but he submitted that you told Associate Professor Doherty that you have two sisters and friends who will help, and although it will be a heavy responsibility for your older son, he is however in a position to care for his younger brother. Mr Singh submitted that there are adequate care arrangements in place for your younger son Mathew. He submitted that although the effects on your sons if you are incarcerated should not be taken into account by me in consideration of sentence, I can take into account the distress and anguish the separation will cause you.
[3] Markovic v The Queen (2010) 30 VR 589.
29On the issue of how your deteriorating eyesight can be managed in a custodial setting, the prosecution tendered an affidavit of Jennifer Ann Hosking, Assistant Commissioner, Sentence Management Division at Corrections Victoria, dated 9 September 2021. Ms Hosking deposes that if you were sentenced to a term of imprisonment, you would be assessed by medical staff upon reception. She deposes there are two women’s prisons, the Dame Phyllis Frost Centre and Tarrengower Prison. She says she is aware that there is a prisoner at Dame Phyllis Frost who has significant vision loss. She says this prisoner is able to attend regular appointments at the Eye and Ear Hospital.
30Ms Hosking deposes that due to the current COVID-19 restrictions, transfer quarantine is required after off-site treatment. She deposes that due to COVID-19 restrictions, you would need to be granted an exemption in order to allow the attendance of a professional at the prison to deliver the proposed training for using a cane. She deposes that, depending upon your assessment, you may be placed at the Rosewood Unit at Dame Phyllis Frost, which is a unit intended to provide a safe environment for women with complex needs who require extra support or supervision. She deposes that as part of COVID-19 restrictions, you will be subject to an initial 14 days in a protective quarantine unit.
31She deposes,
Health service delivery within the Victorian corrections system is based on the principle of community equivalence, where prisoners are provided with health care of a quality and standard equivalent to that provided in the community through the public health system.
32She deposes that diabetes management including diabetic retinopathy can be managed by the prison health service and referrals can be made to specialist treatment and specialist units at public hospitals, including the Endocrine Clinic at St Vincent’s and the Royal Victorian Eye and Ear Hospital. Similar arrangements are available for cardiac conditions.
33She deposes that health staff would assess your need for visual aids and equipment. She deposes, where necessary, appropriate referrals will be made on your behalf to relevant allied health professionals for assessment. She deposes that there are disability cells available in prison but there is limited capacity and you may not be suitable.
34She deposes,
In addition to the health services available, under s 47(1)(f) of the Corrections Act 1986, prisoners in Victoria have the right, at the prisoner’s own expense and subject to appropriate approvals, to access a private registered medical practitioner, dentist, physiotherapist or chiropractor.
35There was no application made to cross-examine Ms Hosking on any of the matters set out in her affidavit.
36On the basis of Ms Hosking’s affidavit, I am satisfied that your complex medical conditions can be managed in a custodial setting. However, having said that, I accept that prison will be a very difficult place for you, especially in the current restrictive conditions necessitated by the COVID-19 pandemic. I accept that learning to cope with your deteriorating eyesight is not only extremely challenging for you but is also profoundly distressing. The sentence I intend to impose will be heavily moderated because of this. I also accept that there is some modest application of Verdins principles 5 and 6 in sentencing you. That is, I also take into account your mental health difficulties in the sentence that I will impose.
37The question is, does this preclude the imposition of a custodial sentence? It was Mr Roubos’ submission that it should. There are, of course, important countervailing considerations.
38First, I do not consider that exceptional circumstances have been demonstrated such that I should take into account the effects of your incarceration upon your sons. That having been said, I do take into account the effects of your separation from your children upon you. I accept your sons’ situation will cause you considerable anguish and will weigh heavily upon you.
39Secondly, your offending was extremely serious. It involved a large amount of money and a serious breach of trust.
40Thirdly, although you were hitherto a person of good character, your prior good character, though still a mitigating factor, carries less weight in a case of this kind because it was your good character that you were able to rely upon to secure a position of trust and autonomy within the company from which you stole.
41Finally, the predominant sentencing principles engaged in cases of white-collar crime are general deterrence and denunciation. As was said in the case of Kovacevic v The Queen, it is important ‘that the sentence imposed by the court be sufficient to constitute a clear and unequivocal message that those, who choose to involve themselves in [this] type of fraudulent crime … will, upon detection, suffer long terms of imprisonment’.[4]
[4] [2021] VSCA 49, [48] (‘Kovacevic’).
42I consider your prospects of rehabilitation are good. You are remorseful. You are committed to your children’s wellbeing and I accept the assessment of Associate Professor Doherty that you are unlikely to reoffend.
43The prosecution referred me to the cases of Director of Public Prosecutions (Vic) v Caulfield[5] and Kovacevic v The Queen,[6] both as comparator cases and as cases which discussed the relevant sentencing principles in cases of white-collar crimes. These have been of some assistance in sentencing you, but ultimately I must sentence you on the facts and circumstances particular to you.
[5] [2019] VSCA 131.
[6] Kovacevic (n 4).
44Balancing all relevant sentencing considerations as best I can, I intend to sentence you as follows.
45Could you now please stand, Ms Acevska?
46On charge 1, theft, you are convicted and sentenced to a term of imprisonment of two years and three months.
47I am directing that you must serve a period of one year and three months before you are eligible for parole.
48Pursuant to s 6AAA of the Sentencing Act 1991 (Vic), had you pleaded not guilty, you would have been sentenced to a total effective sentence of four years, with a non-parole period of two and a half years.
49Pursuant to s 18(4) of the Sentencing Act 1991 (Vic), I declare that you have served nil days of the sentence I have passed upon you and I direct that be entered into the records of the Court.
50I will make the forfeiture orders by the prosecution once it has been settled by the parties and, as I have discussed with the parties, I will do that on the papers if it can be resolved.
---
0
7
0