Director of Public Prosecutions v Sismanovic

[2014] VCC 2258

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 14-01104

DIRECTOR OF PUBLIC PROSECUTIONS

v

SVETLANA SISMANOVIC

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JUDGE:	HIS HONOUR JUDGE MAIDMENT
WHERE HELD:	Melbourne
DATE OF HEARING:	29 October 2014
DATE OF SENTENCE:	16 December 2014
CASE MAY BE CITED AS:	DPP v Sismanovic
MEDIUM NEUTRAL CITATION:	[2014] VCC 2258

REASONS FOR SENTENCE
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Subject:
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Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms R. Champion
For the Offender	Ms K. Ballard

HIS HONOUR:

1Svetlana Sismanovic, you can stay seated for the time being, you have pleaded guilty to an indictment charging you with attempting to obtain a financial advantage by deception, namely a sum of $155,000 in the form of a mortgage facility from the National Australia Bank by making a number of false representations which are set in the indictment.  In charge 2, you have pleaded guilty for the offence of obtaining a financial advantage by deception namely the sum of $10,000 in the form of a temporary excess from the National Australia Bank and relying upon the same false representations as were relevant to charge 1 on the indictment.  The offences are serious offences.  Attempting to obtain financial advantage by deception carries a maximum term of imprisonment of five years.  And obtaining a financial advantage by deception carries a maximum term of imprisonment of ten years.

2The prosecution has read to the court and tendered a summary of the person case, which is exhibit A.  That has been read, I am not going to re-read it or go into any detail.  It is, I think, entirely correct to say this was a serious example of these offences, that there were large amounts of money involved.  There was a level of sophistication and there was a good deal of effort and planning that went into the commission of the offences, creation of false documents and a persistence and determination to commit the offences successfully.  It did involve your former boyfriend who was employed by the National Australia Bank and engaged in a massive breach of trust on his employer, aided and abetted by you.  These offences are difficult to detect, and it is necessary to impose a sentence that has the capacity to deter others from committing offences of this kind.   For that reason, I would have  been looking towards a term of imprisonment.  It would have been justified, in my view, for this type of offending with the level of sophistication and breach of trust that it involves.  However, your counsel rightly pointed out that the offence occurred about four years ago.  That you were interviewed in 2011 and charged in 2014, so there was a gap of about three years, give or take, between you being interviewed and charged with the offence.  Pretty soon after you were charged, you indicated your willingness to plead guilty to these offences and that is very much to your credit.

3You made substantial admissions in your interview and indicated a willingness to give evidence against Mr Kuri.  It seems that you have backed off somewhat from those initial indications.   Although you still maintain your willingness to give evidence, you have made a further statement which seems on the face of it to have watered down somewhat the quality of the evidence that you might have been expected to give.  I might have had to - in different circumstances,go into considerable detail to determine the precise value that should probably be attributed to your assistance to date and your promise of future cooperation and your willingness to give evidence.  Had I been contemplating a term of imprisonment, then it would have been necessary to go into that kind of detail. 

4However, largely because of the delay, which has had two effects; one you have had this matter hanging over your head for a very considerable period of time, with the prospect of a term of imprisonment at the end of it hanging over your head for that period of time.  But it has also had the effect of allowing you to demonstrate your willingness to set about severing your ties from some of the bad influences in your life and turning your life around.   From what I can see from the report of Ms Lechner, and from the letters of reference that have been tendered on your behalf, you have made a pretty good effort at that.  That is, I think, very much to your credit.  You have not only, it seems, largely severed ties from the bad influences in your life, you have been able to kick your drug habit, hopefully completely.   The blip of the diversion is disappointing perhaps but one would be inclined to think that it is only a blip in an otherwise praise-worthy attempt by you to set your life straight. 

5You have not had it particularly easy in your life.  I think you have had a good deal of personal problems to wrestle with but you are clearly a person who is capable of leading a decent, honest and productive life.   You have in recent times devoted yourself to the care of your mother which is praise-worthy in itself and I am reasonably confident that you will stay out of trouble from now on.   For those reasons it seems to me that a sentence other than a term of imprisonment is appropriate despite the seriousness of the offending conduct.  I am satisfied that you are remorseful.  I think it is fair comment by Ms Champion that the apparent change in your stance in recent times - in the account that you have given of the involvement of Mr Kuri detracts somewhat from the conclusion the you are deeply remorseful.   But I am satisfied that  you are remorseful for your conduct and I suspect that you would not have engaged in this offending conduct had it not been for the various influences that were playing upon you at the time and I think to that extent, I could reasonably say that this offending is out of character.

6I hope that you will prove me correct.  The sentence, which I have already foreshadowed, a community corrections order with the only condition being that you complete the period of 150 hours of community work.  It will involve you in a deal of inconvenience.  You have obviously had considerable commitment to your mother, but you will have to find the time to complete that order.  I will give you 18 months to do that.  Once you have completed the hours, assuming you do that within the 18 month period, the order comes to an end automatically.  So if you complete it within six months, then the order comes to an end within six months. But whilst the order is still in force, you must comply with the terms of it.  They will be explained to you again in a few minutes but importantly you will have to stay out of trouble and if you do not commit any offence punishable by imprisonment, all well and good.  But if you do, during the period when the order is enforced, you will automatically be in breach of the order and you will be up for up to three months' imprisonment for the breach, whatever punishment is appropriate for the offence that puts you in the breach and re-sentencing in relation to this matter.   That would put you in jeopardy once again of a term of imprisonment.  So there are quite severe consequences for you if you were to commit a further offence during the currency of the order.  It is a bit like having a suspended sentence hanging over your head that you might end up with a term of imprisonment yet if you offend again.  And that could be an offence that does not involve dishonesty if you were to get caught for a drug offence again, that would be potentially a breach of the order and you could be in jeopardy of facing a term of imprisonment yet for this offending conduct.

7I am sure you understand all that.  You will have to keep appointments.  If you fail to keep appointments without reasonable excuse, that will put you in breach and the first obligation will be to attend the community corrections centre and I will be told what that is in a moment or perhaps we know already.  Do we know?  Do you know which centre would be appropriate?

8MS BALLARD:  Address is Ashwood ‑ ‑ ‑ 

9HIS HONOUR:  Ashwood?

10MS BALLARD:  I imagine - perhaps it's Ringwood?

11HIS HONOUR:  Dandenong?

12MS BALLARD:  Yes, I am grateful to Your Honour's associate?

13HIS HONOUR:  Is that the closest centre to you, Dandenong?

14OFFENDER:  I think so.

15HIS HONOUR:  Would it be convenient enough for you to attend the Dandenong Community Corrections Centre?

16MS CHAMPION:  Your Honour, I think perhaps there might be one at Box Hill.  I can make some enquiries ‑ ‑ ‑ 

17HER HONOUR:  Box Hill?

18MS CHAMPION:  I can make some enquiries just to confirm that, but I think perhaps that might be closer to Ashwood than Dandenong would be?

19HIS HONOUR:  All right.

20MS CHAMPION:  And I'm happy to make some enquiries just to confirm that.

21HIS HONOUR:  I'm not sure exactly where Ashwood is?

22MS CHAMPION:  It's out a bit beyond Glen Iris.

23HIS HONOUR:  Is it?

24MS CHAMPION:  That direction.

25HIS HONOUR:  I see.

26MS CHAMPION:  Near Ashburton.

27MS BALLARD:  Next to Ashburton.

28MS CHAMPION:  Next to Ashburton.

29HIS HONOUR:  Probably would be closer?

30MS CHAMPION:  I think that might be closer.

31HIS HONOUR:  Box Hill, is that better for you?

32MS CHAMPION:  Yes.

33HIS HONOUR:  All right.  Box Hill it is then.  You'll have to attend the Box Hill Corrections Centre, the address will be on the form within two clear working days.  All right?  So make sure you keep that appointment because if you do not then you'll be in breach of the order straight away and that would be very unfortunate.  I can't make that order without your consent.  I understand you do consent, is that right?

34OFFENDER:  Yes, I do.

35HIS HONOUR:  Yes, all right. The order will be drawn up and I'll ask Ms Ballard to accompany Mr Travis to ensure that you understand the full terms and effect of the order before signing it.  I should make it clear I propose to convict you on both of the two offences.  So there are no other ancillary orders are there, Mr Champion?

36MS CHAMPION:  No, Your Honour.

37HIS HONOUR:  No?  All right.  But for your plea of guilty, I would have sentenced you to a community corrections order for 200 hours.  Yes, Ms Ballard, if you wouldn't mind accompanying Mr Travis?

38Yes, all right.  Formally, in respect of the two offences on the indictment I impose a community corrections order for a period of 18 months commencing today and ending on 15 June 2016 and apart from the core conditions, the additional condition is that you perform 150 hours of unpaid community work.  I convict you in respect of each of the two offences.  But for your plea of guilty, I would have imposed a community corrections order with a requirement to perform 200 hours of unpaid community work.  All right?  I have signed the order now, it is in force and you may leave the dock."

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