| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 0095 of 2014
| THE QUEEN |
| v |
| ALAN MUNT |
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JUDGE: | KING J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 5 February 2015 |
DATE OF SENTENCE: | 9 April 2015 |
CASE MAY BE CITED AS: | R v Munt |
MEDIUM NEUTRAL CITATION: | [2015] VSC 132 |
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Solicitor operating ‘Ponzi Scheme’ – Theft – 9 Charges, obtain property by deception – 8 Charges, deficiency in trust account – 8 Charges, obtaining financial advantage by deception – 2 Charges, continuing criminal offences, quantum in excess of $4,000,000.00, lengthy period of offending (11 years), co-operation, plea of guilty, remorse.
Sentence: 8 years and 6 months. Minimum non parole period: 5 years and 6 months.
But for your plea of guilty, and pursuant to s 6AAA of the Sentencing Act, you would have been sentenced to 10 years with a minimum of 7 years.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr G Silbert QC | Office of Public Prosecutions |
| For the Accused | Mr G Lyon QC with Mr P Doyle | Amad & Amad |
HER HONOUR:
Alan John Munt, on 5 February 2015 you pleaded guilty to an indictment containing 27 charges, comprising nine charges of theft: charges 1, 4, 5, 6, 7, 9, 13, 17 and 21; eight charges of obtaining property by deception, charges 2, 8, 11, 12, 14, 16, 18 and 20; eight charges of deficiency in trust account, charges 3, 10, 15, 19, 23, 24, 26 and 27; and two charges of obtaining financial advantage by deception, charges 22 and 25.
The earliest date of the indictment was 30 January 1998. The last charge related to 23 September 2009, a period in excess of 11 years.
The quantum of funds misappropriated by you and included in this indictment was $4,819,061.90.
The maximum penalties available for your offending are complicated by two factors; firstly, changes in legislation during the relevant period; and, secondly, that some of the applicable sentences are aggravated by the provisions relevant to continuing criminal enterprise offenders contained within the Sentencing Act.
The charges of theft, deceptions and obtaining financial advantage by deception, where the value is in excess of $50,000, carry a maximum penalty of 20 years’ imprisonment pursuant to the continuing criminal enterprise sections of the Sentencing Act contained in ss 6G, and 6H, which effectively doubles the maximum penalty for those offences.
Thus, charges 4, 5, 7, 13 and 21, charges of theft of an amount exceeding $50,000, carry a maximum penalty of 20 years’ imprisonment. Charges 1, 6, 9 and 17, being charges of theft of an amount less than $50,000, carry a maximum penalty of 10 years’ imprisonment.
The obtaining property by deception charges comprising charges 2, 8, 11, 12, 14, 16, 18 and 20 all relate to amounts in excess of $50,000, and accordingly each carries a maximum penalty of 20 years’ imprisonment. Equally, in respect of the charges of obtaining financial advantage by deception, charges 22 and 25, being…
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- AGLC
- R v Munt [2015] VSC 132
- Case
- [2015] VSC 132
- Decision Date
CaseChat Overview and Summary
The court considered the principles of sentencing as outlined in the Sentencing Act, specifically section 6AAA, which emphasises the need to deter the offender and others from committing similar offences. The court acknowledged the appellant's guilty plea and expressed remorse as mitigating factors, but also highlighted the seriousness of the offences, the substantial amount of money involved, and the lengthy period over which the offending occurred. The appellant’s co-operation with authorities and the absence of any previous criminal history were also taken into account.
Ultimately, the court sentenced the appellant to eight years and six months imprisonment, with a minimum non-parole period of five years and six months. The court noted that, had the appellant not pleaded guilty, the sentence would have been significantly harsher, at 10 years imprisonment with a minimum of seven years non-parole. The court emphasised the importance of the appellant's early guilty plea in reducing the severity of the sentence. The final orders of the court reflect the seriousness of the crimes committed, while also taking into account the mitigating factors present in this case.
Orders
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Background
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Evidence
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