Director of Public Prosecutions v Tovey
[2022] VCC 1211
•29 July 2022
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
CR-21-00346
| DIRECTOR OF PUBLIC PROSECUTIONS |
| V |
| RICHARD TOVEY |
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JUDGE: | HER HONOUR JUDGE CHAMBERS | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 11 July 2022 and 29 July 2022 | |
DATE OF SENTENCE: | 29 July 2022 | |
CASE MAY BE CITED AS: | DPP v Tovey | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 1211 | |
REASONS FOR SENTENCE
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Subject:Criminal law - sentence
Catchwords: Plea of guilty – Obtaining financial advantage by deception (61 charges) – Obtaining property by deception (4 offences) – committing indictable offences whilst on bail – business of installing heating and air-conditioning – deception offences committed over a three year period involving 65 separate victims – breach of trust – on notice after earlier proceedings in Magistrates’ Court for engaging in misleading and deceptive conduct in the conduct of air-conditioning business – deception arising from accepting deposits by falsely representing quotes were genuine – value of deception $353,125.09 – early plea of guilty – benefit of plea during COVID -19 – no prior criminal history – previous good character and strong work history – 60 years old – burden of imprisonment – delay – general deterrence, just punishment and denunciation paramount sentencing considerations – totality considerations - compensation
Legislation Cited: Crimes Act 1958; Bail Act 1977; Sentencing Act 1991
Cases Cited:R v Lo Presti (2005) 158 A Crim R 54; R v Worboyes [2021] VSCA 169; DPP v KC [2022] VCC 338
Sentence: Sentenced to a total effective sentence of three years, four months’ imprisonment with a non-parole period of 22 months imprisonment
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Dr J Harkess | Office of Public Prosecutions Victoria |
| For the Accused | Mr P Dunn QC | Melasecca, Kelly & Zayler |
HER HONOUR:
1Richard Tovey, you have pleaded guilty to 61 charges of obtaining a financial advantage by deception and four charges of obtaining property by deception. You committed these offences over a period of three years between 13 February 2017 and 14 February 2020. The maximum penalty for both offences is 10 years’ imprisonment.[1]
[1]Section 81(1) of the Crimes Act 1958 - obtaining property by deception and section 82 (1) of the Crimes Act 1958 - obtaining a financial advantage by deception.
2You have also pleaded guilty to a related summary offence of committing these indictable offences whilst on bail between 21 October 2019 and 14 February 2020. The maximum penalty for the offence of committing an indictable offence whilst on bail is 3 months’ imprisonment or 30 penalty units.[2]
[2]Section 30B of the Bail Act 1977
3You were born in Melbourne in 1962. You left high school after completing year 10 to commence an apprenticeship as a heating and cooling engineer. You were fully qualified by the time you turned 19. You worked as an employee in the industry until the age of 23, when you established your own business, first in commercial and then domestic, heating and cooling.
4It is in the context of the domestic business that you engaged in the deceptions that are the subject of the 65 charges committed between 2017 and 2020. Each offence involves separate victims who had engaged you to supply or install heating or cooling systems in their homes or small businesses. In most cases, the victims paid you a significant deposit for the agreed work, but you either failed to undertake any of the work or only partially completed the works promised. With few exceptions, when the victims sought to cancel their contracts and obtain a refund, you failed to refund the monies, despite promising to do so.
Circumstances of the offending
5The background and circumstances of your offending are detailed in the Prosecution Opening for Plea dated 14 January 2022, which is the agreed basis upon which you are to be sentenced.
6In March 2012, the Director of Consumer Affairs Victoria instituted proceedings in the Magistrates’ Court against your company, Australian Heating and Air Conditioning Pty Ltd (‘AustHC’) alleging contraventions of the Australian Consumer Law. The proceedings were also brought against you and your wife, Mardi Tovey, as directors of that company. The proceedings alleged that the business had engaged in misleading and deceptive conduct in failing to supply heating and air-conditioning goods and services paid for by members of the public.
7The proceedings were finalised on 10 June 2014 with the Magistrates’ Court making orders by consent. Those orders prohibited you, in your personal capacity, from requesting or accepting deposits for the sale, supply, delivery or installation of any heating or air-conditioning appliances or components. The orders of the court also prohibited you from requesting or accepting any payments prior to actual delivery or installation of any such appliances or components. You consented to an order for compensation in the sum of $76,750 payable to nominated customers.[3] Additionally, you agreed to an order requiring you to publish a notice to the public on the website of AustHC (or any website that replaced it) that alerted consumers to the fact the company had contravened consumer laws by taking deposits and failing to supply the goods and services. The order operated for a period of ten years, to 1 July 2024.[4]
[3]Mr Dunn informed the Court that this amount has since been repaid.
[4]Exhibit 10 - Certified Extract of the order of the Magistrates’ Court of Victoria dated 10 June 2014
8The order also prohibited you from managing any corporations until 1 July 2018.
9On 12 January 2014, you registered yourself as a sole trader on the Australian Business Register and were provided with an ABN. You registered a business name ‘Professional Heating & Air Conditioning Services’ with the Australian Securities and Investments Commission on 10 March 2015. You continued to operate a business offering installation, maintenance and repair of heating and cooling systems to the public under the new business name of ‘Professional Heating and Air Conditioning Services’. For the avoidance of doubt, I make it clear that doing so was not prohibited by the orders of the Magistrates’ Court.
10You continued to advertise the business to the public through a website, using the name ‘proheatcool’, which identified a toll free number and a mobile phone number for members of the public to contact you. The mobile phone number was registered in your name. You also responded to private advertisements placed by members of the public seeking assistance with heating or air-conditioning services. You established a Commonwealth Bank business account trading in the name of Professional Heating & Air Conditioning Services to facilitate payments by way of electronic funds transfer.
11
The charges relate to the 65 occasions between 13 February 2017 and
14 February 2020, when you entered into separate agreements with customers promising to supply them with air-conditioning or heating appliances or to repair existing systems. You used a false name, ‘Mick Chambers’ in all your face-to-face interactions with the customers. After negotiating transactions under this name, you would then communicate with the customers by email under another false name, ‘Ian Granger’ regarding payments. In doing so, you were falsely purporting that another person within the business had responsibility for managing the accounts.
12After attending the home or business of each of the customers to discuss the services you were able to provide, you would give each customer a hand-written quotation, being a template tax invoice/quotation on ‘Professional Heating & Air Conditioning Services’ letterhead. On this form, you would specify the installation or repair service you were promising to provide, the total cost of the works and delivery time.
13In clear contravention of the orders of the Magistrates’ Court, the invoice also specified a deposit payable before work could commence, including your bank account details to facilitate deposits being paid by way of electronic funds transfer. At no stage did you disclose to any of the victims that you were prohibited by court order from seeking and securing payment of a deposit for the provision of these services, or indeed any payment until the works had been completed. You used the false ‘Ian Granger’ email account to confirm that the deposit had been received and to provide the customers with an electronic receipt for the transaction.
14Based on your representations, the victims paid upfront deposits for the heating or air-conditioning services you had promised. The amount deposited by the victims often represented over 50% of the total price quoted for the goods or services.
15The 61 charges of obtaining financial advantage by deception relate to the sixty-one separate occasions over the three year period that customers paid you a deposit by way of electronic funds transfer in circumstances where you falsely represented that the invoice was a genuine quote for the services you had promised to provide.[5] The four charges of obtaining property by deception relate to the four occasions the victims paid a deposit for the promised services by way of cheque or cash.[6]
[5]Charges 1-25, 27-39, 41, 43-49, 51-64, 66
[6]Charges 26, 40, 42, 65
16In pleading guilty to each of these offences, you accept that you used deceit to obtain the financial advantage or property and that you obtained the financial advantage or property dishonestly. By your plea, you accept that your conduct went beyond a broken promise to each of the victims, but rather, that at the time you made the representations and they were acted upon, you falsely represented that the quote was a genuine promise to deliver the services.[7]
[7]R v Lo Presti (2005) 158 A Crim R 54
17On each of these 65 occasions, you failed to supply the goods or services you had promised the victims. In general terms, you failed to provide any works at all or, on the occasions you commenced work, it was incomplete. When customers attempted to follow up on their orders, you made multiple excuses to explain the delays, including poor weather, ill health, bereavement or other work demands. On the occasions work was partially undertaken, it was often sub-standard. In the majority of cases, when the frustrated customers sought to cancel their orders, you would agree to refund the payment, but rarely did so. On other occasions, you did not respond to calls made by the customers at all. Several of the victims resorted to instituting proceedings in VCAT, but despite obtaining orders in their favour, have not been repaid.
18A schedule to these sentencing remarks summarises the particular offending in respect to each of the 65 charges.
19Your offending can be illustrated by way a few examples.
20
In October 2018, Loris Meadows paid you $14,495 to install an new
air-conditioning unit at her apartment. When the works were not carried out as promised, Ms Meadows cancelled the contract and requested a refund of her deposit. You promised to repay the money but did not do so. After Ms Meadows took proceedings in VCAT, you repaid $3,600. Despite VCAT ordering you to repay the remaining sum of $11,295 you have not done so.[8]
[8]Charge 7
21
In October 2019, Robin Joicey paid you $2,900 to remove an old air-conditioning unit and supply and install a new unit at her home. Due to ongoing delays in carrying out the promised works, Ms Joicey cancelled the contract on
14 November 2019 and requested a refund. On 21 November 2019, Ms Joicey received an email from you stating that her money had been refunded. However, it had not. Ms Joicey instituted proceedings in VCAT to recover the money paid to you, but to date the sum of $2,900 remains outstanding.[9]
[9]Charge 27
22
In December and January 2020, Dean Godfrey paid you a total of $15,549.60 to install parts and to service an air-conditioning unit at his mother’s unit in Hawthorn. Thereafter, you ceased all contact with Mr Godfrey. As a result, Mr Godfrey engaged another air-conditioning provider, who indicated that the item you promised to purchase and install did not exist. The unit was not serviced.
Mr Godfrey instituted proceedings in VCAT to recover the deposit of $15,549.60 paid to you. He has not been repaid to date.[10]
[10]Charge 48
23As a result of complaints made by some of your customers, Consumer Affairs Victoria commenced an investigation into your conduct in January 2019. The matter was referred to Victoria Police and on 19 October 2019 you were arrested and charged with the offences that are the subject of charges 1-26, before being released on bail. The further offending giving rise to charges 27- 66 are the subject of the summary offence of committing an indictable offence whilst on bail.
24The individual amounts involved in the offending ranged from $20,402.49 (Charge 11) to $533.50 (charge 26). Of the 65 charges, 14 charges involved deceptions valued in excess of $8,000.00, and a further 17 charges involved deceptions valued between $4,000.00 up to $8,000.00. The majority of offences involved deceptions valued at under $4,000.
25The value of your deceptive conduct over the course of the three years totals $351,025.10.
26The quantum of the offending is a significant, but not determinative, factor in sentencing for this type of offence. Quantum is relevant as it provides a real indication of the measure of loss and damage, both financial and psychological, caused to the victims of the deceptions. Heating and air-conditioning systems are a significant investment for most people. As is revealed by the victim impact statements provided on your plea, the deposits paid were not insignificant amounts of money for individuals to advance. Moreover, your deceptions left many of your victims in the distressing situation of having no heating or cooling systems to manage extreme weather conditions.
Offence gravity and victim impact
27The gravity of your offending is borne out by a number of aggravating features.
28Firstly, this was not a momentary lapse of judgement. The circumstances leading to your offending were outlined by your Counsel, Mr Dunn, who submitted that following the making of the Court order you ran into difficulties with ordering and payment for stock without deposits. The business became over-committed. Once you began taking deposits, Mr Dunn argued that you progressively lost control and began “robbing Peter to pay Paul”. Whilst this may explain the motivation behind your dishonesty, you had ample opportunity to stop your offending over the next three years, but you did not do so. Instead, you continued to engage in ongoing deceptions over a protracted period, involving repeated acts of dishonesty and ultimately, substantial amounts of money.
29Secondly, there was a degree of planning in the deceptions. You used a false name in your interactions with customers, most likely to reduce the risk of being linked to the earlier prosecution by Consumer Affairs. You deceptively utilised an email address under the alias, ‘Ian Granger’ purporting to be an accounts manager. I do however, accept the submissions made on your behalf that this was not particularly sophisticated offending. The money was paid into your own bank account. As Mr Dunn highlighted, any investigation would readily reveal the trail.
30Thirdly, the monetary value of your deceptions, in the sense of the actual amount obtained through your deceptive conduct, being just over $350,000, is very substantial.
31Fourthly, you had already been the subject of earlier curial proceedings for engaging in misleading and deceptive conduct in the manner in which you conducted your business. Through this process, you were had been warned about the illegality of such conduct. The orders of the Magistrates’ Court in 2014, made with your consent, were directly aimed at protecting members of the public from future deceptions, including by expressly prohibiting you from taking deposits or any payments before works were completed. That you did so, despite being bound by the court orders, is an egregious feature of your offending.
32Finally, and significantly, your offending was a breach of the trust each of the victims placed in you to fulfil your promises to them. The gravity of this breach of trust was compounded on each occasion you deceived yet another victim over the three year period. You failed to repay almost all of the victims, despite initial promises to do so, and then in contravention of VCAT orders. The corrosive impact of the breach of trust on the victims is a feature of many of the victim impact statements provided in this matter.
33Seven of your former customers have provided statements outlining the consequences of your dishonesty on them and their families.[11] A number of themes run through each of these statements. The victims are understandably scathing of the way you treated them, and detail the financial and psychological impact of your offending. Fundamentally, the victims experienced a loss of trust in people, and tradespeople, in particular.
[11]Exhibits B to H
34Dean Godfrey states that his 88-year-old mother went without air-conditioning over the entire summer, one of the hottest on record, causing her exhaustion and necessitating the family relocating her at times to live with other family members. Mr Godfrey says his mother felt “duped” by you, causing her embarrassment with her friends.
35Loris Meadows states that she felt “scammed” by you, causing her guilt and shame as the money paid to you was part of an inheritance from her mother. She felt you prayed on her fragile state. She is unable to afford a replacement air-conditioner, and struggles with the heat in her city apartment in summer.
36Robin Joicey is a permanently incapacitated veteran who states your offending undermined her trust in tradespeople. She says it took three years to save the money lost through your deception, leaving her without any heating or cooling in her home.
37For first-time mother, Ann Haughton, the stress of dealing with a newborn without cooling at the height of summer, left her exhausted and justifiably angry. She felt overwhelmed by the time and money spent on VCAT proceedings to recover her monies.
38I have read and considered each of the victim impact statements filed in these proceedings. Plainly, your deceptive conduct has had a wide-ranging impact on your many victims, both financially and emotionally, and I have taken this into account in sentencing you.
39I also consider this to be a very serious example of the offence of committing an indictable offence whilst on bail. You were bailed on 19 October 2019, having been charged for offending up to that date,[12] but brazenly continued to offend on a further 39 occasions, commencing two days later on 21 October 2019 up until the date of your arrest on 17 February 2020.
[12]Charges 1-26
40Your deceptive offending was objectively serious and impacted on the lives of many. I find your moral culpability for your offending is significant, however this is also informed by your personal circumstances to which I now turn.
Personal circumstances
41Mr Dunn, who appeared on your behalf, assisted me by outlining some of your personal history and providing a chronology detailing relevant events. I have drawn other information regarding your background from the psychological reports dated 6 March 2020 and 5 July 2022 prepared by your treating psychologist, Mr Luke Armstrong.[13]
[13]Exhibits 7 and 8
42You are now aged 60 years, having been born in April 1962. You are one of six siblings born and raised in Melbourne. Your father, a decorated RAF veteran, worked as a public servant following the war. Your mother cared full-time for the children. Yours was a strict Catholic upbringing.
43Your relationship with your mother was fraught with difficulty. Tragically, at the age of 8, you and another sibling witnessed the death of your older sister from acute meningitis. Following your sister’s death, your mother suffered a nervous breakdown and remained heavily medicated. You were sent to live with relatives for a few months, while other siblings remained with your father. After you returned home, the profound impact of your sister’s death on your mother caused a chasm in her relationship with you. You told Mr Armstrong that your mother ‘was never the same again’ and became incapable of showing affection. You also told him your mother became ‘self-obsessed’, often with her own material needs, due to her unreconcilable grief.[14] Mr Armstrong says you were encouraged to manage these losses ‘in a traditional manner’, where ‘vulnerability was frowned upon’.[15]
[14]Exhibit 7 – Psychological report of Luke Armstrong dated 6 March 2020, page 2
[15]Ibid, paragraph [a]
44The difficulties experienced by you through your childhood and early adolescence are illuminated in the reference provided by your older brother, Michael Tovey QC dated 7 July 2022. In his letter to the Court, Mr Tovey states that the history outlined in the reports of Mr Armstrong accord with his own recollections and observations, stating:[16]
I was unaware [because of a 14 year age gap] of the extent to which my brother was subject to abusive treatment by my mother. I regret to say that it comes as no surprise. My mother in her early 70s and 80s was ultimately committed to Peter James hospital as an involuntary patient and her release was subject for some years to a supervision order. She was diagnosed as schizophrenic and spent much of her life on antipsychotic medication. She presented most of the time as narcissistic, deeply paranoid and was from time to time given to cruel and very hurtful abuse directed towards Richard and my sisters…
[16] Exhibit 6 – Reference of Michael Tovey QC dated 7 July 2022
45As to this aspect of your relationship, Mr Armstrong notes the pain caused by your mother constantly comparing you unfavourably with the success of your older brothers. Such negative comparisons continued to be a feature of your relationship with your mother until her death.
46After completing primary school, you completed four years of secondary education at St Thomas Moore College in Nunawading. There you endured instances of physical abuse, including once being punched in the face by a teacher and being repeatedly struck for writing left-handed. In 1977, at the age of 15 years, you transferred to Syndal High School where you completed Year 10 before commencing a trade. At that time, another one of your brothers had commenced employment with Fridgerite Airconditioning company in Moorabbin and you joined him to commence a four-year apprenticeship at the age of 16.
47It was while you were working as an apprentice that your parents purchased a new home, over an hour away from your employment. You told Mr Armstrong that your mother took you to a boarding house to live. You were in receipt of limited income as an apprentice, however you found a rental property near a train station and supported yourself from then on.
48Your first relationship lasted eight years and in 1983, you purchased your first home. You continued working for companies specialising in commercial air conditioners. Whilst doing so, you also completed an Associate Diploma in Mechanical Engineering. In 1985, you and a partner began your own commercial air conditioning business, HiTech Air.
49You married Mardi Tovey in 1992, and have now been married for thirty years. You have three children; two daughters and a son. In 2002, your business went into liquidation being owed a significant amount of money by commercial builders. At that time, your three children were attending private schools. You began another business, this time focused on smaller, domestic jobs, working between 60-80 hours a week.
50Mr Armstrong states you struggled to appreciate the unpredictable nature of self-employment, including securing quotes and undertaking work. He states you had difficulty balancing the business’s finances, ‘with your personal living expenses often exceeding your earnings’.[17] You told Mr Armstrong that in the lead up to 2014, you were living above your means, however this became a significant problem in the lead up to the proceedings instituted by Consumer Affairs.
[17]Ibid, paragraph [c]
51As to your offending conduct, Mr Armstrong states:[18]
Mr Tovey’s offending has been entwined within a context of significant flaws in his character. Specifically, from a very early age, Mr Tovey developed a distorted belief system that imperfection could be a cause for rejection. He similarly equated his self-worth to material success. Your client has always felt inadequate and inferior to his siblings who have well established career success and wealth.
[18]Exhibit 8 – Psychological report of Luke Armstrong dated 5 July 2022, page 2.
52In Mr Armstrong’s first report dated 6 March 2020, he expressed the opinion that you presented with features of a Narcissistic and Dependent Personality. He recommended ongoing psychological counselling, which you have engaged in since that time.
53The opinion expressed by Mr Armstrong aligns with the observations of your brother, Michael Tovey. In his letter to the court, Mr Tovey also comments on the benefits he observed from the counselling that you undertook with Mr Armstrong, stating:[19]
He lacked the fortitude to tell his wife or anybody about his escalating problems until he was arrested the second time in February 2020. In contrast, my brother now readily recognises that his continuing behaviour was thoroughly dishonest, reckless and irrational. He continued although detection was inevitable, heedless of the consequences to the victims or himself.
[19] Exhibit 6
54Significantly, you have also recognised that you can no longer continue in the business or any form of self-employment. Since being bailed, you have continued working as an air-conditioning technician, but only in the capacity of an employee. This has not been easy, as the high profile nature of you offending has resulted in your employment being terminated on ten separate occasions. However, you persisted, finally secured ongoing full-time employment as a senior technician earning $90,000 a year, a position you held until just prior to your plea hearing.
Matters in mitigation
55Having discussed the objective gravity of your offending, I turn to discuss the matters raised on your behalf that are relevant in mitigation of sentence.
56First and foremost, you pleaded guilty to these offences at an early stage and are entitled to the full benefit of your plea. As Mr Dunn highlighted, by your plea you have accepted responsibility for your offending, including for offending close in time to your arrest in February 2020 where strict bail conditions precluded any completion of the works. This was a large case, and there is substantial utility in your plea. By pleading guilty, you saved the court and the community the cost and time associated with a lengthy trial and significantly, saved any of the victims from the need to give evidence. Additionally, at a time when there is a backlog of trials in the wake of the pandemic, your plea has heightened utility. You are entitled to ‘an actual and palpable amelioration of your sentence’ in these circumstances.[20]
[20]R v Worboyes [2021] VSCA 169 at [35]
57Through your guilty plea, you also express remorse for your offending conduct. Your references also speak of your expressions of shame and humiliation over your dishonesty and its impact on the victims.
58Secondly, at the age of 60 you have no prior criminal history and have otherwise been of good character. Despite facing a number of challenges in your life, including during your childhood and early adolescence, you have maintained a continuous work history since the age of 16. You have otherwise been a hard-working, family man. You are entitled to the benefit of your previous good character in mitigation of sentence.
59However, as I have stated, the fact your offending occurred despite being on notice following the proceedings in the Magistrates’ Court in 2014, whilst not a prior criminal matter, is a concerning aspect of this offending and is relevant to my consideration of the need for the sentence to specifically deter you from future offending. I return to this issue later in my reasons.
60You continue to have the strong support of your family. A reference provided by your daughter, Alice speaks of your devotion to your family. On reflection, she states this has been both your greatest strength, and weakness. She speaks of your offending as the action of a proud man who was struggling. She says you have expressed significant remorse for the pain you have caused others.[21]
[21]Exhibit 4 – Reference of Alice Tovey dated 8 July 2022
61Your wife, Mardi Tovey also provided a reference in which she echoes your overriding commitment to your family, stating you have been a kind, hardworking and caring father and husband. She states that you were poorly organised in your business and unable to cope when things spiralled out of control.[22]
[22] Exhibit 5 – Reference of Mardi Tovey (undated)
62The reference provided by your brother, Michael Tovey, provides further insights into your offending behaviour, where he states:[23]
…Richard’s dishonest behaviour was largely motivated by an irrational overprotective attitude towards his family and a need to demonstrate his worth by financial success.
[23]Exhibit 6 – Reference of Michael Tovey QC dated 7 July 2022
63As to the extent of any personal enrichment from your deceptions, Mr Tovey states:[24]
Insofar as Mr Armstrong’s report might suggest that my brother and his wife were high livers, that is not the case…they rarely go out… their recreation is almost totally within the family. Richard has never been a gambler or heavy drinker.
Most of their time together, Richard and Mardi have been unable to afford a house. About 25 years ago, they purchased a normal weatherboard house in Box Hill. Around the same time, they purchased a holiday house in Rye. Both houses had to be sold because of business problems arising from the global financial crisis in around 2009. They purchased their current home in Glenburn in mid-2018. There is a large mortgage. They have little or no net equity over and above the funds Mardi’s parents provided to assist in the purchase.
[24]Ibid.
64The account given by your brother accords with the evidence given by your wife during the course of your plea. The prosecution accepts there is no evidence of personal enrichment from your offending. I am satisfied that beyond providing your family with a relatively comfortable lifestyle and educational opportunities, there is no evidence that the proceeds of your deceptions were used to support a lavish lifestyle, or were otherwise squandered. I acknowledge however, that this is of little comfort to your victims.
65Thirdly, delay is also a relevant factor. It is now over two years since you were arrested in 2020. During this period, these serious charges have been hanging over your head. That itself, is a form of punishment. More significantly, since being granted bail on 11 March 2020, following a period of 23 days on remand, you have no subsequent or pending matters. Over this two year period, you have taken demonstrable steps to improve your prospects of rehabilitation.
66Since that time, you have engaged in 31 hours of psychological counselling with Mr Armstrong. Mr Armstrong states your attendance was excellent, even though he says you found the treatment process confronting. Mr Armstrong is of the opinion you have “gained significant insights” from the psychological treatment; that you now “recognise [your] vulnerabilities” and have “the skills to regulated flawed aspects of his personality with evidence based interventions”. In addition, you retained the strong support of your family and I consider you have good prospects of securing ongoing work, as an employee.
67Assessing your prospects of rehabilitation is not straight-forward. As stated, you were on notice regarding your deceptive conduct following the Magistrates’ Court proceedings in 2014. You continued to offend repeatedly after being bailed in October 2019 until you were remanded in custody in February 2020. However, it does appear your experience of jail on remand was a salutary one. Since being granted bail in March 2020, you have demonstrated a commitment to treatment, ceased all involvement in your previous business and secured ongoing work, despite real challenges. You have complied with strict conditions of bail. On balance, I consider your future prospects of rehabilitation to be very good provided, as I anticipate, you never run another business. I have taken this finding into account in my sentence.
68Fourthly, for a number of reasons, imprisonment will be particularly difficult for you. Restrictive conditions in custody have been imposed to respond to the COVID-19 pandemic. These include a loss of face-to-face visits, periods in lock-down as a form of quarantine and limits on the range of programs available. You will inevitably be concerned about contracting the virus, at the age of 60, in this setting. When assessed by a Forensicare clinician on 21 July 2022, you advised that you have been limited to five minute calls to your family once a fortnight. For a person experiencing prison for the first time, the limits on your contact with family will be a significant deprivation. Further, you experience unstable diabetes and require medication for deep vein thrombosis. You are also aware that your wife needs surgery and is experiencing other significant personal stressors in her life. Not being with her at this time will undoubtedly be a cause of additional anxiety for you. I have taken the added burden of your time in custody into account in moderating sentence.
69I have also had regard to the matters outlined in the reports of Mr Armstrong, in addition to your personal history and difficult childhood experiences. However, as appropriately conceded by Mr Dunn, none of the principles enunciated in the authority of Verdins[25] apply in moderating the sentence in your case. It was not submitted, and I do not find, that your psychological condition operated to reduce your moral culpability for this offending.
[25] R v Verdins & Ors [2007] VSCA 102
Other sentencing considerations
70The purposes for which a court may impose a sentence are just punishment, deterrence (both specific and general), denunciation, protection of the community and to promote the rehabilitation of an offender. In sentencing, I must have regard to a range of factors such as the seriousness of the offence, your culpability for it, your personal circumstances and the impact of the offending on your victims. I am required to balance the interests of the community in denouncing your criminal conduct with the interests of the community in seeking to ensure as far as possible that offenders are rehabilitated and reintegrated into society. This is especially true for first-time offenders.
71While deception offences vary widely in seriousness, offending that is committed in breach of trust, involving large amounts, over an extended period of time normally attracts a significant sentence of imprisonment. Viewed objectively, yours was serious offending over a protracted period, committed in the face of having been warned against such dishonest conduct in 2014 and concerningly, continued after being bailed in October 2019. The quantum of your offending in an amount exceeding $350,000 involving 65 separate victims speaks to the gravity of the offending and the harm it caused. In cases such as these, the paramount sentencing considerations are just punishment, denunciation and general deterrence. In sentencing you I must send an unequivocal message to others who may be minded to offend in this way that imprisonment will inevitably follow.
72However, given my positive finding regarding your prospects of rehabilitation, the need for the sentence to deter you specifically is lessened. Community protection is also fostered by your rehabilitation.
73Mr Tovey, many innocent people were harmed by your dishonesty. This harm went well beyond financial loss. The impact of your dishonesty caused real distress and particularly for the vulnerable, genuine hardship. This much is borne out by the victim impact statements. At the time of your plea hearing on 11 July 2022, you had repaid approximately $33,717.30 of the full amount owed to the victims. Some of the repayments followed VCAT orders.
74The plea was adjourned to 29 July 2022 to enable agreement to be reached regarding the quantum of compensation to be ordered and you were remanded in custody. A further $20,000 is now available for distribution to the victims. I was advised today that a restraining order made over your Glenburn property on 17 November 2020 is to be varied to enable the sale of the property, the equity in which is anticipated to extinguish the amount owed to the victims in full. If this transpires, restitution will have come late for most of the victims, however there now appears to be a real prospect their financial loss will finally be made good.
75On your behalf, Mr Dunn submitted a combination sentence of imprisonment followed by a Community Correction Order would meet all relevant sentencing considerations. For the purpose of considering that submission, you were assessed and found suitable for such an order by Community Corrections. I note you were assessed as a low risk of general re-offending.
76Dr Harkess, appearing for the Crown, opposed this submission. The prosecution submissions highlighted the need for the sentence to deter others and for your offending to be denounced, arguing the punishment must appropriately condemn the harm caused to such a large number of unsuspecting and, at times vulnerable, members of the public. The prosecution submitted that the only available sentence was one of imprisonment with a non-parole period fixed.
77As to current sentencing practices, the prosecution referred me to another decision of this Court, in the case of DPP v KC.[26] That case involved 20 dishonesty charges where the quantum of the deception was $220,000. There too, the accused, aged 40, had no prior criminal history and had pleaded guilty during the COVID-19 pandemic. I have considered the sentence imposed in that case[27] however, as always, each case turns on its own facts and circumstances. There for instance, an aggravating feature of the offending was the threats made by the accused when confronted by victims, including threats if the victims went to police or complained. Neither party was able to refer me to other authorities that may have assisted me more broadly in informing current sentencing practices for offending of this nature.
[26][2022] VCC 338 (Judge Tinney)
[27]A sentence of three years’ ten months imprisonment
78Ultimately, I have concluded that notwithstanding the various factors that operate to mitigate your sentence, the nature, duration and gravity of your offending precludes the imposition of a combination sentence of imprisonment and a community correction order.
Sentence
79Balancing each of the factors to which I have referred, whilst having regard to the maximum penalty imposed for each offence, I now sentence you as follows.
80On the offences which pre-date you being granted bail in October 2019 (charges 1 - 26), I sentence you, with conviction, to the following terms of imprisonment:
(a) Charges 1, 3, 7, 11, 13, 14, 16 and 24 – 8 months;
(b) Charges 5, 10, 19, 23 and 25 – 6 months;
(c) Charges 2, 4, 6, 8, 9, 12, 15, 17, 18, 20, 21, 22 and 26 – 3 months.
81On the offences which were committed whilst on bail (charges 27- 49, 51- 66) I sentence you, with conviction, to the following terms of imprisonment:
(a) Charges 31, 37, 45, 46, 47, 48, 49 and 65 – 18 months;
(b) Charges 27, 28, 29, 30, 32, 33, 34, 35, 36, 38, 39, 40, 41, 42, 43, 44, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64 and 66 – 15 months.
82On summary charge 24, committing indictable offences whilst on bail, you are convicted and sentenced to 2 months’ imprisonment.
83I order that the base sentence is the 18 months’ imprisonment imposed on
charge 48. All other sentences are to be served concurrently, save where I specifically direct cumulation.84I have had regard to the fact that these offences form part of an ongoing course of dishonest conduct and that the total sentence should reflect the total criminality of your offending conduct, no more. I have taken the sentencing principal of totality into account in determining appropriate amounts of cumulation.
85I make the following orders for cumulation on charge 48 and upon one another:
(a) Charges 7, 11 and 13 – 3 months;
(b) Charges 45, 46 and 47 – 4 months;
(c) Summary charge 24 – I month.
86This gives a total effective sentence of three years, four months’ imprisonment.
87Having regard to your age, your previous good character, the burden of your imprisonment at this time, together with your early plea, the impact of delay and my assessment of your prospects of rehabilitation, I have decided to set a lower non-parole period than I would otherwise have done. I fix a period of 22 months before you are eligible for parole.
88Pursuant to s 18 of the Sentencing Act 1991, I declare 41 days of pre-sentence
detention to be reckoned as already served.89I declare, pursuant to s 6AAA of the Sentencing Act 1991 that, but for your plea of guilty, I would have sentenced you to four years, four months’ imprisonment with a non-parole period of 3 years, 2 months.
90I make each of the compensation orders totalling the sum of $278,364.72 noting this amount is agreed and that the orders are made by consent. I also make the restitution order sought by the prosecution, noting this is not opposed.
- - -
Schedule to Sentencing Remarks.
| No | Offence | Date | Victim(s) | Conduct | Quantum |
| 1 | Obtain Financial Advantage by Deception (‘OFAD’) | 13/2/17 | Nick and Amy Houghton | Paid Mr Tovey the sum of $11,631.40 to supply and install a new ducted heating system at the Houghton’s home in Donvale. Workers eventually showed up, but damaged the Houghtons’ roof, installed the unit incorrectly and eventually had to remove the unit. The Houghtons received a partial refund of $3,600 a year later | $11,631.40 |
| 2 | OFAD | 29/11/17 | Daniel Herbetson | Paid Mr Tovey the sum of $4,052.81 to supply and install a new air-conditioning unit at Mr Herbertson’s place of business, Absolute Mix Martial Arts, in Collingwood. After various delays Mr Herbetson discovered that ‘Mick Chambers’ was Mr Tovey and had been disqualified from trading by the Magistrates Court order. After confronting Mr Tovey with this information and requesting a refund, Mr Herbertson was eventually refunded the full deposit on 19 January 2018 | $4,052.81 |
| 3 | OFAD | 4/1/18 | John, Elizabeth and Fotis Diacos | Paid Mr Tovey the total sum of $9,923.10 to remove an old air-conditioning unit and install a new air-conditioning unit at the Diacos’ property in Reservoir. Mr Tovey failed to carry out the work and the Diacos’ issued proceedings in the Victorian Civil and Administrative Tribunal (‘VCAT’) obtaining an order which obliged Mr Tovey to repay the sum of $8,650 which has since been repaid. | $9,923.10 |
| 4 | OFAD | 24/3/18 – 2/4/18 | Joshy George | Paid Mr Tovey the total sum of $4,262 to supply and install a new split system air-conditioning unit at Mr George’s home in Rosanna. Mr Tovey failed to carry out the works as promised and refund moneys deposited by Mr George despite promising to do so. | $4,262 |
| 5 | OFAD | 14/11/18 | Magda Kozera | Paid Mr Tovey the sum of $6,723.16 to supply and install a heating and air-conditioning unit at Ms Kozera’s home in Hampton. After various delays and excuses Ms Kozera requested a refund from Mr Tovey which he promised to repay but never did. Ms Kozera subsequently obtained an order in VCAT against Mr Tovey for the sum of her deposit, which to date has not been repaid. | $6,723.16 |
| 6. | OFAD | 25/9/18 | Andrew Fuller | Paid Mr Tovey the sum of $5,895 to supply and install a new air-conditioning unit at his home which was under construction in Fitzroy North. Works started but Mr Tovey failed to complete the works as agreed leading to Mr Fuller requesting a refund in January 2019. This money has since been refunded in full. | $5,895 |
| 7. | OFAD | 26/10/18 | Loris Meadows | Paid Mr Tovey the sum of $14,495 to supply and install a new air-conditioning unit at her apartment in Melbourne. After failing to carry out the works as promised, Ms Meadows cancelled the contract and requested a refund of the deposit. Mr Tovey promised to repay the money but failed to do so. Ms Meadows initiated proceedings in VCAT against Mr Tovey which resulted in Mr Tovey repaying $3,600 in partial settlement of Ms Meadows’ claim. In April 2019, VCAT ordered that Mr Tovey repay the sum of $11,295. | $14,495 |
| 8. | OFAD | 6/12/18 | Peter Smee | Paid Mr Tovey the sum of $3,698 to supply and install a new air-conditioning unit at his home in Gladstone Park. Delays in Mr Tovey commencing the job resulted in Mr Smee requesting a refund, in February 2019 and again in June 2019. Mr Smee never received a refund and only minimal works were every completed on the job. | $3,698 |
| 9. | OFAD | 11/12/18 | Stuart Archer | Paid Mr Tovey the sum of $5,455 to supply and install a new air-conditioning unit at his home in Berwick. The works were never completed leading Mr Archer commencing proceedings in VCAT against Mr Tovey. VCAT found in Mr Archer’s favour however he is yet to recover any money from Mr Tovey. | $5,455 |
| 10. | OFAD | 3/1/19 | Rod Lockett | Paid Mr Tovey the sum of $8,955 to repair an existing air-conditioning unit at his home in South Yarra. Works commenced, however were repeatedly postponed by Mr Tovey leading to Mr Locket requesting a refund less the amount for minor works that had been done by Mr Tovey. Mr Tovey promised to refund the money but failed to do so. Mr Locket commenced proceedings in VCAT and obtained an order against Mr Tovey in the amount of $8,555 plus costs of $212.50. Mr Locket attempted to enforce the order through the Magistrates Court however the Sherrif’s Office reported that Mr Tovey had insufficient assets to seize and sell to satisfy the debt. | $8,955 |
| 11. | OFAD | 23/1/19-21/3/19 | Karen Mak | Paid Mr Tovey the sum of $20,402.49 in two instalments to repair an existing air-conditioning unit at her home in Toorak. After ongoing delays, Ms Mak discovered from her own inquiries the previous Magistrate Court orders made against Mr Tovey. Ms Mak requested a refund from Mr Tovey which he refused. Ms Mak obtained an order against Mr Tovey from VCAT in the sum of $20,895.85, however she was unable to enforce the debt and has failed to recoup any money. | $20,402.49 |
| 12. | OFAD | 3/2/19 | Christina Jones | Paid Mr Tovey the sum of $4,395 to repair an existing air-conditioning unit at her home in Ivanhoe East. After many delays, Ms Jones requested a refund of the money which Mr Tovey did not respond to. Ms Jones subsequently issued proceedings against Mr Tovey which promoted him to offer to refund the money, however he never did. | $4,395 |
| 13. | OFAD | 27/2/19 | Noam Korbi | Paid Mr Tovey the sum of $15,540 to supply and install two new air-conditioning units at two residential dwellings that were under construction in Caulfield North. After repeated delays Mr Korbl was forced to engage a different supplier and requested a refund from Mr Tovey. Mr Tovey ignored the request leading to Mr Korbl issuing proceedings in VCAT for the recovery of the funds. This prompted Mr Tovey to offer to repay the money, however he never did. | $15,540 |
| 14. | OFAD | 7/3/19 | Kelly Adamopoulos | Paid Mr Tovey the sum of $9,226.75 to supply and install a new ducted refrigerated air-conditioning unit at her home in Oakleigh. After repeated delays, Ms Adamopoulous cancelled the contact and requested a refund. Mr Tovey failed to refund the money which led to Ms Adamopoulous commencing proceedings in VCAT. Ms Adamopoulous obtained an order that Mr Tovey pay her $10,976.75 however the debt remains outstanding. | $9,226.75 |
| 15. | OFAD | 21/5/19 | Robyn Boyd | Paid Mr Tovey the sum of $4,012.25 to remove an old heating and cooling unit and supply and install a new unit at her home in North Melbourne. After ongoing delays, Ms Boyd requested that the contract be cancelled and that Mr Tovey refund her deposit. Mr Tovey agreed to refund her the money, however he failed to do so. | $4,012.25 |
| 16. | OFAD | 5/4/19-1/6/19 | Therese & Trevor Welsch | Paid Mr Tovey the total sum of $11,269.25 to supply and install new heating and air-conditioning units at their home in Wandin North. After repeated delays and rescheduling of works, Mrs Welsch advised Mr Tovey that she wished to cancel the contract and requested a refund of the deposit. Mr Tovey promised to refund the money but never did so. | $11,269.25 |
| 17. | OFAD | 26/4/19 | Con Patrikopoulous | Paid Mr Tovey the sum of $1,572.50 to supply and install a new air-conditioning unit at his tenanted property in Richmond. After repeated delays and failures to commence the works, Mr Patrikopoulos advised Mr Tovey that he wished to cancel the works and requested a refund. Mr Tovey promised to refund the money however failed to do so, leading Mr Patrikopoulos to issue proceedings in VCAT. This prompted Mr Tovey to repay the money on 2 September 2019. | $1,572.50 |
| 18. | OFAD | 12/6/19 | John Kyatt and Anne Walters | Paid Mr Tovey the sum of $2,695 to supply and install a new air-conditioning unit at their home in Ballarat. Mr Tovey failed to carry out the works, leading to Mr Kyatt threatening legal action if the money was not refunded. Mr Tovey twice promised that a cheque had been paid into Mr Kyatt’s account however it never was. Mr Kyatt and Ms Walters issued proceedings in VCAT against Mr Tovey and obtained an order for the amount of the deposit, however Mr Tovey has failed to pay any money to satisfy the order. | $2,695 |
| 19. | OFAD | 19/6/19 | Karl and Melissa McWilliam | Paid Mr Tovey the sum of $8,894 to replace an existing air-conditioning unit at their home in Docklands. Mr Tovey inspected the unit and advised that it needed to be completely replaced. After continued delays in carrying out the works Mr McWilliam cancelled the contract and requested a full refund of the deposit. Mr Tovey promised to refund the deposit but did not do so. Mr McWilliam subsequently obtained a VCAT order against Mr Tovey for the sum of the deposit which remains outstanding. | $8,894 |
| 20. | OFAD | 16/7/19-17/7/19 | Mardi Price | Paid Mr Tovey the sum of $6,847.50 to supply and install a new air-conditioning unit at her home in Melbourne. After Mr Tovey’s repeated delays to carrying out the agreed works, Ms Price cancelled the contract and requested a refund. Mr Tovey promised to refund the money but never did so. Ms Price subsequently obtained a VCAT order against Mr Tovey however the refund still remains outstanding. | $6,847.50 |
| 21 | OFAD | 3/9/19 | Michael Specht | Paid Mr Tovey the sum of $4,326 to supply and install a new air-conditioning unit at his home in Seddon. After Mr Tovey’s repeated delays to carrying out the agreed works, Mr Specht cancelled the contract and requested a refund of the deposit. Mr Tovey promised to refund the deposit but never did so. | $4,326 |
| 22. | OFAD | 6/9/19 | Aiver Ilaya and Melissa Murat | Paid Mr Tovey the sum of $4,894 to supply and install a new air-conditioning unit at his home in Aintree. After Mr Tovey’s repeated delays to carrying out the agreed works, Ms Murat cancelled the contract and requested a refund of the deposit. Mr Tovey promised to refund the deposit but never did so. Mr Illaya and Ms Murat commenced proceedings against Mr Tovey in VCAT to recover the money. | $4,894 |
| 23. | OFAD | 14/9/18 – 10/11/19 | Craig Calvert | Paid Mr Tovey the sum of $7,389.99 across three transactions to repair an existing air-conditioning unit and supply and install another air-conditioning unit at his home in Montmorency. Works commenced in part, however Mr Tovey failed to carry out any of the last part of the job which required the installation of the new air-conditioning unit in the living area of the house, for which Mr Calvert had paid $3,495. Mr Calvert attempted to follow this up with Mr Tovey with no success. None of the money paid by Mr Calvert has been refunded. | $7,389.99 |
| 24. | OFAD | 23/9/19 | James Anderson | Paid Mr Tovey the sum of $9,449 to supply and install a new air-conditioning unit at his home in Croydon South. After Mr Tovey’s repeated delays over several months to carrying out the agreed works, Mr Anderson cancelled the contract and engaged another company to complete the works. Mr Tovey failed to refund any of the money paid by Mr Anderson. | $9,449 |
| 25. | OFAD | 1/10/19 | Vernon Wood | Paid Mr Tovey the sum of $7,150 to replace an old air-conditioning unit and supply and install a new air-conditioning unit at his home in Portsea. Mr Tovey commenced the works but did not complete them. After repeated delays to completing the agreed works, Mr Wood cancelled the contract. Mr Tovey promised to refund the money paid but never did so. | $7,150 |
| 26. | Obtain Property by Deception (‘OPD’) | 7/10/19 | Anastasia and George Thomaidis | Paid Mr Tovey the sum of $533.50 to repair an existing heating unit at their home in Safety Beach. After Mr Tovey’s repeated delays to carrying out the agreed works, Ms Thomaidis cancelled the contract and requested a refund of the deposit. Mr Tovey promised to refund the money but never did so. | $533.50 |
| 27. | OFAD | 21/10/19 | Robin Joicey | Paid Mr Tovey the sum of $2,900 to remove an old air-conditioning unit and supply and install a new air-conditioning unit at her home in Niddrie. After Mr Tovey’s repeated delays to carrying out the agreed works, Ms Joicey cancelled the contract and requested a refund of the deposit. Ms Joicey received an email from Mr Tovey on 21/11/19 stating that the money had been refunded, however it had not been. Ms Joicey subsequently issued VCAT proceedings against Mr Tovey for the recovery of the money. | $2,900 |
| 28. | OFAD | Dean Li Volti | 26/10/19 | Paid Mr Tovey the sum of $3,195 to supply and install a new air-conditioning unit at his home in Epping. After Mr Tovey’s repeated delays to carrying out the agreed works, Mr Li Volti cancelled the contract and requested a refund of the money paid. After several requests Mr Tovey refunded the amount of $1,000. The amount of $2,195 remains outstanding | $3,195 |
| 29. | OFAD | Fran Hawker | 6/11/19 | Paid Mr Tovey the sum of $3,498 to supply and install a new air-conditioning unit at her home in Northcote The promised works never commenced due to repeated delays and excuses by Mr Tovey. None of the money paid by Ms Hawker has been refunded. | $3,498 |
| 30. | OFAD | Trevor Coulter | 13/11/19 | Paid Mr Tovey the sum of $4,890 to service and repair an existing air-conditioning unit at his home in Albert Park. The promised works never commenced due to repeated delays and excuses by Mr Tovey. None of the money paid by Mr Coulter has been refunded. | $4,890 |
| 31. | OFAD | Geoff Taylor | 16/12/19 | Paid Mr Tovey the sum of $5,580 to repair and make alterations to an existing air-conditioning unit at their home in Mount Waverley. Sub-contractors engaged by Mr Tovey to do the job completed minimal works. Mr Tovey subsequently attended the premises and admitted the work had not been done as promised. He promised to complete the works or refund the money paid, however did neither. | $5,580 |
| 32. | OFAD | Joe Salvati | 13/11/19 | Paid Mr Tovey the sum of $2,795 to service and provide a replacement controlled for an existing air-conditioning unit at his home in Bentleigh East. After repeated delays to carrying out the promised works, Mr Salvati issued proceedings against Mr Tovey to recover the money paid. No money has been repaid to Mr Salvati. | $2,795 |
| 33. | OFAD | Robert Goodfellow and Sarah Heeps | 18/11/19 | Paid Mr Tovey the sum of $2,850 to supply and install a new air-conditioning unit at their home in Kallista. After Mr Tovey’s repeated delays to carrying out the agreed works, Mr Goodfellow cancelled the job and requested a refund of the money paid. Mr Tovey promised to refund the money but never did so. | $2,850 |
| 34. | OFAD | Nick Campbell | 19/11/19 | Paid Mr Tovey the sum of $2,637.80 to supply and install a new air-conditioning unit at his business in Fitzroy. The promised works never commenced due to repeated delays and excuses by Mr Tovey. None of the money paid by Mr Campbell has been refunded. | $2,637.80 |
| 35. | OFAD | Hiroyasu Aoki | 25/11/19 | Paid Mr Tovey the sum of $1,945 to supply and install a new air-conditioning unit at her place of business in Albert Park. Mr Tovey promised to complete the works within two weeks however he never started the job. Mr Tovey promised repay the money however never did so. | $1,945 |
| 36. | OFAD | Lachlan McMurtrie | 26/11/19 | Paid Mr Tovey the sum of $3,335 to supply and install three new air-conditioning units at his home in Thornbury. After Mr Tovey’s repeated delays to carrying out the agreed works, Mr McMurtie cancelled the contract and requested a refund of the money paid on 21/1/20. Mr Tovey refunded the money on 29/1/20. | $3,335 |
| 37. | OFAD | Patrick McAlary | 27/11/19 | Paid Mr Tovey the sum of $5,225.25 to remove an old air-conditioning unit and supply and install a new air-conditioning unit at his home in Brighton East. After Mr Tovey’s repeated delays to carrying out the agreed works, Mr McAlary issued proceedings against Mr Tovey in VCAT. The money paid still has not been refunded. | $5,225.25 |
| 38. | OFAD | Lyn Tran | 29/11/19 | Paid Mr Tovey the sum of $1,250 to repair an existing air-conditioning unit at her home in Newborough. The promised works never commenced due to repeated delays and excuses by Mr Tovey. None of the money paid by Ms Tran has been refunded. | $1,250 |
| 39. | OFAD | Rodney Miller | 3/12/19 | Paid Mr Tovey the sum of $1,897.50 to supply and install a new air-conditioning unit and service two existing units at his home in Ashburton. After Mr Tovey’s repeated delays to carrying out the agreed works, Mr Miler requested a refund of the money paid. Mr Tovey promised to refund the money but never did so. | $1,897.50 |
| 40. | OPD | Bob Monk | 3/1/20 | Paid Mr Tovey the sum of $4,894 by cheque to supply and install three new air-conditioning units at his home in Frankston. The promised works never commenced due to repeated delays and excuses by Mr Tovey. None of the money paid by Mr Monk has been refunded. | $4,894 |
| 41. | OFAD | David Adamson | 18/12/19 | Paid Mr Tovey the sum of $2,185 to supply and install a new air-conditioning unit at his home in Aireys Inlet. The promised works never commenced due to repeated delays and excuses by Mr Tovey. None of the money paid by Mr Adamson has been refunded. | $2,185 |
| 42. | OPD | Wal Pyrih | 18/12/19 | Paid Mr Tovey the sum of $1,000 in cash to supply and install a new air-conditioning unit at his home in Pascoe Vale. After Mr Tovey’s repeated delays to carrying out the agreed works, Mr Pyrih requested a refund of the money paid. Mr Tovey promised to refund the money but never did so. | $1,000 |
| 43. | OFAD | Michael Carmody | 19/12/19 | Paid Mr Tovey the sum of $5,690 to supply and install a new air-conditioning unit at his home in Craigeburn The promised works never commenced due to repeated delays and excuses by Mr Tovey. None of the money paid by Mr Carmody has been refunded. | $5,690 |
| 44. | OFAD | Nicole Toomey | 19/12/19 | Paid Mr Tovey the sum of $2,362.25 to supply and install two new air-conditioning units at her home in Oak Park. Mr Tovey cancelled the works that were due to start in January multiple times. Mr Tovey promised to refund the money paid by Ms Toomey but never did so. | $2,362.25 |
| 45. | OFAD | Aggie Drago | 21/12/19 | Paid Mr Tovey the sum of $8,894 to supply and install a new air-conditioning unit at her home in Templestowe. Works were commenced by a sub-contractor engaged by Mr Tovey. Ms Drago engaged a third party to inspect the works carried out, which were found to be defective and incomplete. The third party ultimately completed the works that Mr Tovey had been engaged to do. No money has been refunded. | $8,894 |
| 46. | OFAD | Bronwyn Arnold | 21/12/19- 30/1/19 | Paid Mr Tovey the sum of $12,572 across three transactions to supply new air-conditioning units at her home in Malvern East. Works were commenced by a sub-contractor engaged by Mr Tovey, however the work they undertook was not in accordance with what was promised. Ms Arnold engaged a third party to inspect the works carried out, which were found to be defective and incomplete. The third party ultimately completed the works that Mr Tovey had been engaged to do. No money has been refunded. | $12,572 |
| 47. | OFAD | Johannes Gouws | 23/12/19- 20/1/20 | Paid Mr Tovey the sum of $11,089 to supply and install a new air-conditioning unit at his/her home in Patterson Lakes. After Mr Tovey’s repeated delays to carrying out the agreed works, Mr Gouws cancelled the contract and requested a refund of the money paid. Mr Tovey has not refunded the money. | $11,089 |
| 48. | OFAD | Dean Godfrey | 24/12/19 – 10/1/19 | Paid Mr Tovey the sum of $15,549.60 to install parts and service an air-conditioning unit at his mother’s home in Hawthorn. Mr Tovey ceased contacting Mr Godfrey in early January 2020, causing Mr Godfrey to engage a third-party to inspect the works. The third-party revealed that the air-conditioner originally purchased and installed did not exist, nor was the air-conditioner serviced. Mr Godfrey subsequently VCAT proceedings to recover the money paid. | $15,549.60 |
| 49. | OFAD | Patricia Torres | 30/12/19 | Paid Mr Tovey the sum of $7,794 to remove an old air-conditioning unit and supply and install a new unit at her home in Endeavour Hills. After Mr Tovey’s repeated delays to carrying out the agreed works, Ms Torres cancelled the contract and requested a refund of the money paid. Mr Tovey promised to refund the money but never did so. | $7,794 |
| 50. | OFAD | - | - | No evidence led. | - |
| 51. | OFAD | Justine Scotland | 20/1/20 | Paid Mr Tovey the sum of $4,747.50 to remove an old air-conditioning unit and supply and install a new unit at her home in Murrumbeena. After several cancellations and delays by Mr Tovey, Ms Scotland engaged a third-party provider to complete the works. Ms Scotland attempted to contact Mr Tovey for a refund however was unable to do so and has not been repaid any money. | $4,747.50 |
| 52. | OFAD | Deepa Dixit | 23/1/20 | Paid Mr Tovey the sum of $3,410 to supply and install a new air-conditioning unit and replace the duct system at her home in Malvern East. Two sub-contractors attended Ms Dixit’s home on 10 February 2020 to commence the job, however minimal work was completed. Ms Dixit’s subsequent attempts to contact Mr Tovey went unanswered. No money has been refunded. | $3,410 |
| 53. | OFAD | Lyn Zhang | 28/1/20 | Paid Mr Tovey the sum of $1,890 to remove an old air-conditioning unit and supply and install a new unit at her home in Burwood. After Mr Tovey’s repeated delays to carrying out the agreed works, Ms Zhang requested a refund of the money paid. Mr Tovey promised to refund the money but never did so. | $1,890 |
| 54. | OFAD | Lesley Ilsley | 29/1/20 | Paid Mr Tovey the sum of $1,890 to remove an old air-conditioning unit and supply and install a new unit at her home in Macedon. No workers turned up on the day works were scheduled to commence. Mrs Isley’s attempts at having the works rescheduled were met with various delays and excuses. No works were ever carried out and no money has been refunded. | $1,890 |
| 55. | OFAD | Deborah Kaul | 31/1/20 | Paid Mr Tovey the sum of $2,394 to supply and install a new air-conditioning unit at her home in Carlton. The promised works never commenced due to repeated delays and excuses by Mr Tovey. None of the money paid by Ms Kaul has been refunded. | $2,394 |
| 56. | OFAD | John Wilkins | 1/2/20 | Paid Mr Tovey the sum of $3,995 to repair an existing air-conditioning unit at his home in Caulfield South. Mr Tovey never attended on the day works were due to commence and attempted follow ups by Mr Wilkins were unsuccessful. No money paid by Mr Wilkins has been refunded. | $3,995 |
| 57. | OFAD | Kerry Dres | 3/2/20 | Paid Mr Tovey the sum of $1,695 to repair an existing air-conditioning unit at her home in Lara. Workers attended on the day scheduled by Mr Tovey however did not commence the job, telling Mrs Dres that another part was needed. Works were ultimately never carried out and no money has been refunded. | $1,695 |
| 58. | OFAD | Graeme Horsnell | 3/2/20 | Paid Mr Tovey the sum of $1,845 to remove an old heating unit and supply and install a new unit at his home in Pascoe Vale South. Nobody turned up to the job on the date scheduled by Mr Tovey. | $1,845 |
| 59. | OFAD | Xian (Steven) Ouyang | 5/2/20 | Paid Mr Tovey the sum of $1,894 to repair an existing air-conditioning unit at his home in Carlton. Mr Ouyang cancelled the job shortly after he had paid the money because he considered it too expensive. Mr Tovey promised to refund the money but never did so. | $1,894 |
| 60. | OFAD | Caroline Monzon | 6/2/20 | Paid Mr Tovey the sum of $1,823 to supply and install a new air-conditioning unit at her home in Gladstone Park. After Mr Tovey’s repeated delays to carrying out the agreed works, Mrs Monzon cancelled the contract and requested a refund of the money paid. Mr Tovey has not refunded the money. | $1,823 |
| 61. | OFAD | Tham Chin | 7/2/20 | Paid Mr Tovey the sum of $560 to reapair an existing heating unit at his home in Sandringham The promised works never commenced. None of the money paid by Mr Chin has been refunded. | $560 |
| 62. | OFAD | Chris Barlow | 10/2/20 | Paid Mr Tovey the sum of $2,494 to remove an old heating unit and supply and install a new unit at his home in Newport. Nobody turned up to the job on the date scheduled by Mr Tovey. Mr Barlow’s attempts at contacting Mr Tovey were unsuccessful and no money has been refunded. | $2,494 |
| 63. | OFAD | Madeline Kelly | 12/2/20 | Paid Mr Tovey the sum of $2,130 to supply and install a heating and air-conditioning unit at her home in North Melbourne. Nobody turned up to the job on the date scheduled by Mr Tovey. Ms Kelly’s attempts at contacting Mr Tovey were unsuccessful and no money has been refunded. | $2,130 |
| 64. | OFAD | Tania Anthony | 12/2/20 | Paid Mr Tovey the sum of $1,894 to remove an old air-conditioning unit and supply and install a new unit at her home in Brunsiwck. Nobody turned up to the job on the date scheduled by Mr Tovey. Ms Anthony’s attempts at contacting Mr Tovey were unsuccessful and no money has been refunded. | $1,894 |
| 65. | OPD | Yuki Han | 14/2/20 | Paid Mr Tovey the sum of $7,000 in cash to remove an old heating unit and supply and install a new unit at her home in Prahan. Nobody turned up to the job on the date scheduled by Mr Tovey. Ms Han’s attempts at contacting Mr Tovey were unsuccessful and no money has been refunded. | $7,000 |
| 66. | OFAD | George Katsikas | 14/2/20 | Paid Mr Tovey the sum of $3,747.50 to remove an old heating unit and supply and install a new unit at his home in Aberfeldie. Nobody turned up to the job on the date scheduled by Mr Tovey. Mr Katsikas’ attempts at contacting Mr Tovey were unsuccessful and no money has been refunded. | $3,747.50 |
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