Director of Public Prosecutions v Fuge

[2019] VCC 598

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR-18-02399

DIRECTOR OF PUBLIC PROSECUTIONS

v

REBECCA FUGE

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JUDGE:	HIS HONOUR JUDGE COISH
WHERE HELD:	Melbourne
DATE OF HEARING:	30 April 2019
DATE OF SENTENCE:	30 April 2019
CASE MAY BE CITED AS:	DPP v Fuge
MEDIUM NEUTRAL CITATION:	[2019] VCC 598

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr M. Regan	Office of Public Prosecutions
For the Accused	Mr D. Cash	Victoria Legal Aid

HIS HONOUR:

1Rebecca Fuge, could you stand up please.  You have pleaded guilty to one charge of attempted obtaining financial advantage by deception and one charge of obtaining financial advantage by deception.  These offences carry the maximum penalties, Charge 1, level six imprisonment (five years), Charge 2, level five imprisonment (ten years).  It is unnecessary for me to recount the facts of the matter in detail as they are on transcript and contained in Exhibit 1, prosecution opening for plea.  That opening was accepted by you through your counsel.

2I proceed to sentence you on the basis of the facts as opened by the prosecutor, which are summarised under the heading "Short case description".  I quote (for Charge 2):

"Rebecca Fuge dishonestly induced the National Australia Bank to transfer on 6 January 2017 $106,958.38 from her Auntie Marissa Phillips' NAB term deposit account into a second NAB account that Fuge had created to get access to the money.  Fuge then dispersed $28,958.40 of that before NAB blocked the account.  NAB ultimately repaid Marissa Phillips the $28,958.40 and restored the undispersed funds to Marissa Phillips.

(For Charge 1) It was discovered that amongst your fraudulent dealings with NAB you had, on 8 October 2016, attempted to induce NAB to issue a credit card to you in Marissa Phillips' name.  This was not successful."

3The complete details of the many steps you took to obtain the financial advantage by deception and attempt to obtain a financial advantage by deception are contained in the prosecution opening.  I accept that at the time of this offending you had a heavy addiction to methamphetamine having been a long term user.  You had drug and gambling debts and these debts and your drug habit were the motivating factors behind this offending.

4I state to you that I have taken into account the following matters in mitigation of sentence.  You have pleaded guilty.  You are entitled to have that fact taken into account in your favour and I do so.  The community has, by your plea, been spared the time and cost for trial.  Witnesses have been spared the ordeal of giving evidence upon your trial.  You pleaded guilty at an early stage.  You cooperated with authorities and made full admissions in respect of Charge 2. 
I accept that you are genuinely remorseful.

5I have been told something of your personal circumstances and these matters are set out in detail in the plea outline filed on your behalf and in the history recorded by Warren Simons, psychologist, in his report dated 18 December 2018. 

6You had a traumatic childhood.  Your father was an alcoholic and your mother, you and your sister endured much abuse at his hands.  You were educated until you completed Year 11 at Monterrey Secondary School.  You became pregnant at age 15 and gave birth to a girl, Patricia, who is now 18 years of age. 
You maintain a relationship with Patricia and have regular contact with her.  Your current partner, Darren, is 50 years of age.

7You managed to complete Certificates I and II in Auslan Interpreting. 
You have had a long history of illicit drug use.  You have also suffered from panic attacks, anxiety and sleep difficulties.  You are currently prescribed Seroquel and Medazepam. 

8Warren Simons has commented upon your psychological presentation. 
He noted that you disclosed a history of a panic disorder.  This has been present for about 12 months.  You have also been on anti-psychotic and
anti-depressant medication.  At review, you did not demonstrate any significant symptoms of depression or psychosis. 

9It is to your credit that you have not attempted to justify your behaviour.  Rather you have accepted full responsibility for your actions and you have acknowledged the breach of trust involved in this offending.  Warren Simons was of the opinion that you did not meet the criteria for a diagnosis of anti-social personality trait or PTSD.  He made the comment that you have some prospects for rehabilitation if you remain drug free and successfully address your substance use issues.

10On the material before me I assess your prospects of rehabilitation as being cloudy.  In the past you have been sentenced to five terms of imprisonment, two of which were suspended sentences.  You have been the subject of one community based order in 2009 and one community corrections order in 2016 but both of these orders were breached by way of further offending.

11Against these matters in mitigation your actions were very serious indeed.  You have taken money from your aunt's bank account.  There was a degree of planning and premeditation in respect of both offences, particularly Charge 2.  You have abused your aunt's trust and taken advantage of your relationship with her.  There are no victim impact statements.

12You have admitted before me numerous prior convictions.  There are approximate six court appearances between 29 June 2009 and 11 March 2016 involving convictions for motor vehicle offences, offences of dishonesty, property damage, drug offences and breaches of court orders.  The nature of some of these prior convictions, particularly for the offences of dishonest and breaches of court orders, is highly relevant to my task of sentencing you today.  You have been in custody for 245 days. 

13As well as the matters to which I have referred, I must also take into account the need for general and specific deterrence.  Specific deterrence is relevant in view of your prior criminal history.  General deterrence is also of considerable importance in a case such as this.  This type of offending must be discouraged.  I am called upon by the Sentencing Act to manifest the community's denunciation of your conduct and generally to impose a just punishment. 

14Your counsel submitted that I ought consider imposing a community corrections order or a community corrections order in combination with a term of imprisonment.  As stated, you have in the past breached a community based order and a community corrections order.  In these circumstances the concession has been appropriately made that you have squandered the benefits of community based orders in the past.  I have considered the imposition of a community corrections order but I have decided that the sentencing purposes of just punishment, denunciation and deterrence cannot be achieved by the imposition of a community corrections order.  I am satisfied that I have no alternative but to impose an immediate term of imprisonment with a non-parole period.

15Having regard to all relevant facts and appropriate sentencing principles,
I sentence you as follows.  Charge 1, attempted obtaining financial advantage by deception, convicted and sentenced to six months' imprisonment. 
Charge 2, obtaining financial advantage by deception, convicted and sentenced to 18 months' imprisonment. 

16I direct that three months of the sentence imposed on Charge 1 be served cumulatively upon the sentence imposed on Charge 2 otherwise the sentences be served concurrently.  The total effective sentence is 21 months imprisonment.  I direct that you serve a minimum term of 14 months' imprisonment before becoming eligible for parole.

17As proscribed by s.18(4) of the Sentencing Act I declare that the period of time you have spent in custody is 245 days which is to be reckoned as time already served under the sentence.  I direct that such be noted in the records of the court. 

18I shall make the compensation order sought by the prosecution.

19Pursuant to s.6AAA of the Sentencing Act I state that the sentence and non-parole period I would have imposed but for the plea of guilty is three years with a non-parole period of two years.

20Does that cover everything?

21MR REGAN:  It does, sir.

22MR CASH:  May it please the court.

23HIS HONOUR:  Yes thanks, Mr Regan, thanks, Mr Cash.

24MR CASH:  Your Honour pleases.

25HIS HONOUR:  I will just stand down.

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