R v Leighton

[2016] ACTSC 354

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Leighton

Citation:

[2016] ACTSC 354

Hearing Date:

10 October 2016

DecisionDate:

4 November 2016

Before:

Burns J

Decision:

See [33]-[45]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – theft – pleas of guilty – assistance to authorities – very good prospects for rehabilitation – reduced non-parole period – terms of imprisonment.

Legislation Cited:

Criminal Code 2002 (ACT) s 308

Parties:

The Queen (Crown)

Joshua Leighton (Offender)

Representation:

Counsel

Ms P Burgoyne-Scutts (Crown)

Mr J Sabharwal (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Sharman Robertson Solicitors (Offender)

File Number:

SCC 156 of 2016

BURNS J:

1. Joshua Leighton, you have pleaded guilty to 23 counts of theft contrary to s 308 of the Criminal Code 2002 (ACT). Each such offence carries a maximum penalty of 10 years imprisonment, a fine of $150,000, or both.

1. A comprehensive Statement of Facts was tendered at your sentence hearing. For present purposes it is sufficient to note the following. The thefts arise from a fraud against the Public Trustee of the Australian Capital Territory (ACT) (the Public Trustee) whereupon you received monies paid from the Public Trustee into your bank account for purported maintenance work on client properties. You did not undertake that work. The monies were deposited pursuant to an arrangement between yourself and an employee of the Public Trustee, who for present purposes I will identify as UN. You were a tradesperson who had previously conducted a small amount of legitimate work on client properties for the Public Trustee.

1. These thefts occurred between 26 March 2010 and 2 September 2013. The total amount deposited into your bank account as the proceeds of these thefts was $675,734.00. While there were only 23 charges, the Statement of Facts makes it clear that a number of those charges were rolled up charges involving a number of transactions. There were, in total, 116 fraudulent financial transactions and 2 goods transactions involved in these offences.

1. You and UN had an arrangement whereby UN would arrange for payments to be made into your account for work that was never done. False cheque requisitions were raised on numerous occasions by UN and on two other occasions by another employee of the Public Trustee, who I will refer as ET, for work allegedly completed on the properties of various clients whose affairs the Public Trustee administered.

1. Monies were then paid into your account in accordance with those requisitions. You would withdraw that money as cash on the same day that it was deposited. Under your agreement, you gave UN 60 per cent of each such payment and you retained 40 per cent. You have admitted that you did not do any of the work particularised on the cheque requisitions. You and UN used the money to visit brothels, to gamble on poker machines and also for everyday expenses such as bills and rent.

1. UN, ET and another contractor have been charged with…