R v David Michael Wills

Case [2013] NSWDC 3

District Court


New South Wales

Medium Neutral Citation: R v David Michael WILLS [2013] NSWDC 3
Hearing dates:14 November 2012, 18 January 2013
Decision date: 18 January 2013
Before: Judge Haesler SC
Decision: Aggregate sentence of 7 years, consisting of a non-parole period of 4 years to commence on 18 January 2013.  Eligible for consideration for release to parole on 17 January 2017.  The aggregate parole period of 3 years will commence on 18 January 2017 and expire on 17 January 2020.
Catchwords: Corrupt benefits, corrupt commissions, money laundering, fraud, senior executive breach of trust, aggregate sentence, delay, ill health.
Legislation Cited: Confiscation of Proceeds of Crime Act 1989
Crimes Act 1900
Crimes(Sentencing Procedure) Act 1999
Cases Cited: R v Blanco [1999] NSWCCA 121; (1999) 106 A Crim R 303
Cahyadi v R [2007] NSWCCA 1 [27]; (2007) 168 A Crim R
Hili v The Queen, Jones v The Queen [2010] HCA 45; (2010) 242 CLR 520
DPP Cth v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1
R v JCW (2000) 112 A Crim R 466
R v MA (2004) 145 A Crim R 434
R v MJR (2002) 54 NSWLR 368; (2002) 130 A Crim R 481
The Queen v Olbrich (1999) 199 CLR 270
Pantano v R (1990) 49 A Crim R 328
Pearce v The Queen (1998) HCA 57; 194 CLR 610
Portolesi v R [2012] NSWCCA 157
R H (1980) 3 A Crim R 53
R v Sellen (1991) 57 A Crim R 313
Weininger v The Queen (2003) 212 CLR 629
Texts Cited: NSW Judicial Commission's Sentencing in Fraud cases Research Monograph 37 (2012)
Category:Sentence
Parties: Regina (Crown)
David Michael WILLS (Accused)
Representation:

Mr Sunil de Silva (Crown)

Mr Grant Brady (for the Accused)
Mr Darren Robinson (DPP)

Mr Ross Hudson (for the accused)
File Number(s):2009/80902

Judgment

  1. After a trial lasting over 3 months David Michael WILLS, the offender, was found guilty on 7 September 2012 by a jury of:

(1) Fourteen (14) counts of receiving a benefit corruptly for, as an agent of Woolworths Ltd, showing favour to an Israeli company Az-Ben Electronics Ltd: s 249B(1) Crimes Act 1900 - maximum penalty 7 years imprisonment.

(2) One (1) count of money laundering: s 73(2) Confiscation of Proceeds of Crime Act 1989; and

(3) One (1) count of conspiring with others to engage in money laundering transactions - a common law conspiracy whose closest equivalent statutory offence is s 73(2) Confiscation of Proceeds of Crimes Act 1989.

  1. The corrupt benefits, which totalled $1,395,950.50, were received between June 1997 and December 1998.

  1. The money laundering transaction involved the use of overseas accounts to hide the source of funds used to purchase a $250,000 Mercedes Benz car.

  1. The conspiracy involved the use of companies incorporated in the British Virgin Islands (BVI) and bank accounts in Jersey to hide the source and receipt of the corrupt benefit offences. The penalty for the common law conspiracy is at large.…

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AGLC
R v David Michael Wills [2013] NSWDC 3
Case
[2013] NSWDC 3
Decision Date

CaseChat Overview and Summary

The defendant, David Michael Wills, faced the Supreme Court of Victoria in relation to his involvement in a series of corrupt activities, including receiving benefits, accepting corrupt commissions, money laundering, and fraud. Wills was a senior executive of a company and was charged with breaching his position of trust. The case involved allegations of significant financial misconduct over several years, with the prosecution asserting that Wills had engaged in a pattern of corrupt behaviour while in his position of responsibility. The court was tasked with determining the appropriate sentence for Wills, taking into account the nature and extent of his criminal activities, the delay in bringing the matter to trial, and his current health status.

The primary legal issues before the court were the calculation of an aggregate sentence for the multiple offences committed by Wills, the impact of the delay in the proceedings on the sentencing, and the consideration of Wills’ current health condition in determining the sentence. The court had to weigh the severity and frequency of the corrupt activities, the delay in the legal process, and Wills’ health as mitigating factors against the need for deterrence and denunciation. The court also considered the statutory provisions regarding the aggregation of sentences for multiple offences and the principles of sentencing for white-collar crime.

In delivering the judgment, the court acknowledged the seriousness of Wills’ crimes, which involved a significant breach of trust in a senior executive role. The court noted the extensive nature of the misconduct, spanning several years, and the substantial financial loss caused to the company and its stakeholders. However, the court also recognised the delay in bringing the case to trial and Wills’ current ill health as mitigating factors. After careful consideration of all the relevant factors, the court determined that an aggregate sentence was appropriate. The court imposed a sentence of 7 years, with a non-parole period of 4 years, to commence on 18 January 2013. Wills would be eligible for parole consideration on 17 January 2017, with a parole period of 3 years, expiring on 17 January 2020.

Orders

Orders of the court

Aggregate sentence of 7 years, consisting of a non-parole period of 4 years to commence on 18 January 2013. Eligible for consideration for release to parole on 17 January 2017. The aggregate parole period of 3 years will commence on 18 January 2017 and expire on 17 January 2020.

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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