R v Hatton

Case [2022] NSWDC 688


District Court


New South Wales

Medium Neutral Citation: R v Hatton [2022] NSWDC 688
Hearing dates: 21 July 2022
Date of orders: 21 July 2022
Decision date: 21 July 2022
Jurisdiction:Criminal
Before: Haesler SC DCJ
Decision:

Aggregate sentence of 5 years 6 months with a non-parole period of 3 years. See [122]-[123]

Compensation orders pursuant to the Victims Rights and Support Act 2013. See [124]-[125]

Catchwords:

CRIME – Dishonestly obtain financial advantage etc by deception

SENTENCING - Relevant factors on sentence – fraud by family bookkeeper - multiple frauds – multiple victims- rolled up offences – Form 1- payment received without the knowledge or authority - early plea some recompense- victim impact- remorse - assistance to facilitate police investigation – disclosure of unknown guilt- percentage reduction of sentence- prior good character – COVID restrictions in gaol - special circumstances

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

District Court Act 1973

Victims Right and Support Act 2013

Cases Cited:

Assi v R [2006] NSWCCA 257

Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002, [2013] NSWCCA 115; (2002) 56 NSWLR 146

C’th v Beattie [2017] NSWCCA 301

DBW v R [2007] NSWCCA 236

DPP Cth v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1

Fagan v Crime Compensation Tribunal (1982) 150 CLR 666; [1982] HCA 49

Johnston v R [2017] NSWCCA 53

Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45

Le v R [2006] NSWCCA 136

Le v R 2019] NSWCCA 181

Lewinsv R [2007] NSWCCA 189

Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25

McLaren v R [2021] NSWCCA 204

Panetta v R [2016] NSWCCA 85

Pantano v R (1990) 49 A Crim R 328

PerrinvR [2021] NSWDC 408

R v David Michael Wills [2013] NSWDC 3

R v Duncan [2019] NSWDC 852

R v Ellis (1986) 6 NSWLR 603

R v Glynatsis [2013] NSWCCA 131; (2013) 230 A Crim R 99.

R v Hasan [2005] NSWCCA 21

R v Henry (1999) 46 NSWLR 346

R v MAK [2006] NSWCCA 381

R v MJR (2002) 54 NSWLR 368; (2002) 130 A Crim R 481

R v Molesworth [1999] NSWCCA 43

R v Scott Miles [2017] NSWDC 411

R v Stanbouli [2003] NSWCCA 355

Siwek v R [2017] NSWCCA 178

Zhang v R [2011] NSWCCA 233

Category:Sentence
Parties: Shane Maree Hatton (the offender)
Director of Public Prosecutions
Representation:

Counsel:
Ms G Lewer (for the offender)

Solicitors:
Morrisons Law (for the offender)
Mr J Loosley (for Director of Public Prosecutions)
File Number(s): 2021/00091298

SENTENCE – EX TEMPORE REVISED

  1. Shane Maree Hatton is for sentence today in relation to three serious offences, charged pursuant to s 192E(1)(b) of the Crimes Act 1900. Today she adhered to the guilty pleas entered in the Local Court. In relation to each of those matters she is convicted. When I sentence her for…

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Details
AGLC
R v Hatton [2022] NSWDC 688
Case
[2022] NSWDC 688
Decision Date

CaseChat Overview and Summary

The appellant, Hatton, was charged with multiple counts of obtaining a financial advantage by deception. The charges stemmed from his actions as a family bookkeeper, where he dishonestly manipulated financial records to benefit himself at the expense of multiple victims. The case was heard and determined by the court of appeal in Australia. The primary legal issue before the court was the appropriate sentence to impose on Hatton, given the nature and extent of his criminal conduct. The court had to consider factors such as the number of offences, the number of victims, the financial loss caused, and Hatton's cooperation with authorities. The court's reasoning involved a careful assessment of these factors, along with the appellant's plea of guilty, some degree of recompense made to victims, and the impact on the victims. Additionally, the court took into account Hatton's remorse, his assistance in facilitating the police investigation, and his disclosure of unknown guilt. The court also considered the percentage reduction of sentence, Hatton's prior good character, and the special circumstances of COVID-19 restrictions in gaol. Ultimately, the court determined that an aggregate sentence of 5 years and 6 months with a non-parole period of 3 years was appropriate. The court also ordered compensation orders pursuant to the Victims Rights and Support Act 2013.

Orders

Orders of the court

Aggregate sentence of 5 years 6 months with a non-parole period of 3 years. See [122]-[123]

Compensation orders pursuant to the Victims Rights and Support Act 2013. See [124]-[125]

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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