R v Cole - [2025] NSWDC 383

District Court

New South Wales

Medium Neutral Citation: R v Cole [2025] NSWDC 383
Hearing dates: 18 June 2025
Date of orders: 19 June 2025
Decision date: 19 June 2025
Jurisdiction: Criminal
Before: King SC DCJ
Decision:
Indicative Sentences (25% discount applied)
001:1 year, 3 months; 002:1 year, 6 months; 003: 1 year, 3 months; 004 – 1 year, 9 months; 005 – 1 year; 006 – 1 year; 007 – 1 year, 3 months; 008 - 1 year, 3 months; 009 – 1 year; 010 – 9 months; 011 – 1 year; 012 – 1 year, 3 months; 013 – 2 years; 014 – 2 years; 015 – 3 years; SEQ 016: 3 and a half years
Aggregate sentence:
Sentenced to a term of imprisonment for 4 years and 6 months with a non-parole period of 2 years and 3 months to commence on 19 June 2025 and to expire on 18 September 2027, upon which date she will become eligible for release to parole, and a balance of term of 2 years and 3 months to commence on 19 September 2027 and to expire on 18 December 2029.
Forfeiture order:
Pursuant to s43(1) the sum of $188,101.82 is to be paid by Julia Cole to Hurford Hardwood Kempsey Pty Ltd by way of restitution for the money Julia Cole unlawfully obtained from Hurford Hardwood Kempsey Pty Ltd.

Catchwords:
CRIMINAL- Sentence - dishonestly obtaining a financial advantage by deception x 15 - knowingly deal with the proceeds of crime x1 – total sum obtained over 1 year - $500,052.42 - creation of profile for a fake contractor in program used by the victim company to manage payments – falsifying stocks, payments, moving money through accounts - considerable planning involved - breach of position of trust – subjective matters

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Johnston v R [2017] NSWCCA 53

Category: Sentence
Parties: Rex
Cole, Julia
Representation: Solicitors:
Crown: Ms E Lyte - ODPP (NSW)
Defence: Mr M Ramsland - Ramsland Laidler Solicitors

File Number(s): 2024/00144077

JUDGMENT

HIS HONOUR: Julia Cole appears for sentence in respect of 16 offences. Fifteen of those offences are dishonestly obtaining a financial advantage by deception, contrary to s 192E(1)(b) of the Crimes Act 1900. The sixteenth matter is knowingly deal with the proceeds of crime, contrary to s 193B(2) of the Crimes Act.
In relation to the first 15 offences, the maximum penalty provided by the legislation is ten years’ imprisonment and there is no standard non-parole period.
In relation to the 16th matter, the maximum penalty provided by the legislation is 15 years’ imprisonment, and again, there is no standard non-parole period applicable.
The offender was committed for sentence on 19 February 2025 from the Port Macquarie Local Court and is accordingly entitled to a 25% discount for the utility of the plea in relation to each of the charges. Such a discount will be applied in relation to the indicative sentences, and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Cole

Details

AGLC: R v Cole [2025] NSWDC 383
Case: [2025] NSWDC 383
Decision Date: 19 June 2025

CaseChat Overview and Summary

The defendant, Julia Cole, was convicted by a jury in the District Court of New South Wales on various counts of obtaining a financial advantage by deception and dealing with the proceeds of crime. The total sum obtained by Cole amounted to $500,052.42 over a period of one year through the creation of a fake contractor profile on a payment management program used by the victim company. Cole meticulously falsified stock and payment records, moving money through multiple accounts in the process. The court had to determine the appropriate sentence considering the considerable planning involved and the breach of a position of trust.

The legal issues before the court were the appropriate sentence for Cole's crimes and whether the aggregate sentence should include a non-parole period. The court had to weigh the subjective matters, such as the degree of planning and the breach of trust, against the objective factors like the amount of money obtained and the duration of the crime. The court also had to consider the forfeiture order for restitution to the victim company.

The court found that the crimes involved significant planning and a breach of trust, and the amount obtained and the duration of the crime warranted a substantial sentence. The court applied a discount to the indicative sentences provided by the prosecutor, considering the offender's early guilty plea and the nature of the offences. The aggregate sentence imposed was four years and six months imprisonment, with a non-parole period of two years and three months. The court also ordered restitution of $188,101.82 to the victim company.

The final orders of the court included an aggregate sentence of four years and six months imprisonment with a non-parole period of two years and three months, commencing on 19 June 2025, and a forfeiture order for restitution of $188,101.82 to be paid to Hurford Hardwood Kempsey Pty Ltd.

Orders

Orders of the court

Indicative Sentences (25% discount applied)

001:1 year, 3 months; 002:1 year, 6 months; 003: 1 year, 3 months; 004 – 1 year, 9 months; 005 – 1 year; 006 – 1 year; 007 – 1 year, 3 months; 008 - 1 year, 3 months; 009 – 1 year; 010 – 9 months; 011 – 1 year; 012 – 1 year, 3 months; 013 – 2 years; 014 – 2 years; 015 – 3 years; SEQ 016: 3 and a half years

Aggregate sentence:

Sentenced to a term of imprisonment for 4 years and 6 months with a non-parole period of 2 years and 3 months to commence on 19 June 2025 and to expire on 18 September 2027, upon which date she will become eligible for release to parole, and a balance of term of 2 years and 3 months to commence on 19 September 2027 and to expire on 18 December 2029.

Forfeiture order:

Pursuant to s43(1) the sum of $188,101.82 is to be paid by Julia Cole to Hurford Hardwood Kempsey Pty Ltd by way of restitution for the money Julia Cole unlawfully obtained from Hurford Hardwood Kempsey Pty Ltd.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Cole [2025] NSWDC 383
Hearing dates:	18 June 2025
Date of orders:	19 June 2025
Decision date:	19 June 2025
Jurisdiction:	Criminal
Before:	King SC DCJ
Decision:	Indicative Sentences (25% discount applied) 001:1 year, 3 months; 002:1 year, 6 months; 003: 1 year, 3 months; 004 – 1 year, 9 months; 005 – 1 year; 006 – 1 year; 007 – 1 year, 3 months; 008 - 1 year, 3 months; 009 – 1 year; 010 – 9 months; 011 – 1 year; 012 – 1 year, 3 months; 013 – 2 years; 014 – 2 years; 015 – 3 years; SEQ 016: 3 and a half years Aggregate sentence: Sentenced to a term of imprisonment for 4 years and 6 months with a non-parole period of 2 years and 3 months to commence on 19 June 2025 and to expire on 18 September 2027, upon which date she will become eligible for release to parole, and a balance of term of 2 years and 3 months to commence on 19 September 2027 and to expire on 18 December 2029. Forfeiture order: Pursuant to s43(1) the sum of $188,101.82 is to be paid by Julia Cole to Hurford Hardwood Kempsey Pty Ltd by way of restitution for the money Julia Cole unlawfully obtained from Hurford Hardwood Kempsey Pty Ltd.
Catchwords:	CRIMINAL- Sentence - dishonestly obtaining a financial advantage by deception x 15 - knowingly deal with the proceeds of crime x1 – total sum obtained over 1 year - $500,052.42 - creation of profile for a fake contractor in program used by the victim company to manage payments – falsifying stocks, payments, moving money through accounts - considerable planning involved - breach of position of trust – subjective matters
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Johnston v R [2017] NSWCCA 53
Category:	Sentence
Parties:	Rex Cole, Julia
Representation:	Solicitors: Crown: Ms E Lyte - ODPP (NSW) Defence: Mr M Ramsland - Ramsland Laidler Solicitors
File Number(s):	2024/00144077