R v Evans

[2017] ACTSC 218

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Evans

Citation:

[2017] ACTSC 218

Hearing Date:

10 August 2017

DecisionDate:

10 August 2017

Before:

Elkaim J

Decision:

See paragraph [34]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – obtain property by deception – pleas of guilty.

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT) ss 6, 7 and 10

Cases Cited:

R v Leighton [2016] ACTSC 534

R v Savanhu [2017] ACTSC 217

Parties:

The Queen ( Crown)

Stephen Evans ( Offender)

Representation:

Counsel

Ms S Gul ( Crown)

Mr A Doig ( Offender)

Solicitors

ACT Director of Public Prosecutions ( Crown)

Kamy Saeedi Law ( Offender)

File Numbers:

SCC 61 of 2016 and SCC 65 of 2016

ELKAIM J:

1. On 8 July 2016, an indictment was filed in the Supreme Court charging the offender and a co-offender with numerous offences.  The matter was set down for hearing on 22 May 2017.

1. A fresh indictment was filed on 17 March 2017. It contains 26 counts of obtaining property by deception. The offender pleaded guilty to all of the counts on that date.

1. The offences occurred between 9 September 2008 and 22 November 2013. Each offence carries a maximum penalty of a fine of $150,000 and/or ten years imprisonment.

1. The offender was born in 1983 in New South Wales. His parents separated when he was two years of age. He lived with his mother and stepfather. The offender’s mother became very ill in 2006. His stepfather ceased contact with the family in 2010.

1. The offender is his mother’s legal guardian and manages her financial affairs. Ironically, the offender’s mother is in the same position of dependence as the victims of the offences.

1. The offender left school at the beginning of Year 12. After trying various occupations, he started his own painting business in 2006. The business has, apparently done well. However, he lost about $40,000 in 2013 when he bought paint supplies for a development project that did not proceed.

1. The offender has a fiancée and a three year old son. He inherited money from his late grandfather which enabled him to buy a house.

1. The offender was a close friend of Mr Timothy McLeod. Mr McLeod worked for the Public Trustee of the Australian Capital Territory (the Public Trustee). Mr McLeod was a Trust Officer, responsible for the management of funds belonging to clients of the Public Trustee. The clients are people who are incapable of managing their financial affairs.

1. Mr McLeod and, much less frequently, Mr Savanhu (another Trust Officer) would create false cheque requisition forms directing the payment of funds to the offender for the purposes of maintenance or other works to their clients’ properties.

1. The cheques were made out to the offender, who deposited them into his account. He would then meet with Mr McLeod and provide him with half of the money that had been deposited. A total of $287,373.95 was deposited into the offender’s account. This…