SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Reid |
Citation: | [2016] ACTSC 24 |
Hearing Date | 18 December 2015 |
DecisionDate: | 4 February 2016 |
Before: | Penfold J |
Decision: | See [87] – [93] below. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – dishonesty offences – obtain property by deception – pleas of guilty – breach of employer’s trust – sustained course of conduct – significance of amount taken – victim impact statements – prior good character – some money used for gambling – suggestion of gambling addiction not supported by evidence – whether Crown obliged to disprove gambling addiction – whether gambling addiction a mitigating factor – comparable cases. |
Legislation Cited: | Crimes (Sentence Administration) Act 2005 (ACT) Crimes (Sentencing) Act 2005 (ACT), ss 7, 19, 33(1) Evidence Act 2011 (ACT), s 4(2) |
Cases Cited: | Craft v Diebert [2004] ACTCA 15 R v Berry [2012] ACTSC, Burns J, 2 October 2012 |
Parties: | The Queen (Crown) David Reid (Offender) |
Representation: | Counsel Ms K Mackenzie (Crown) Mr H Ford (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Hugh Russell Ford (Offender) | |
File Number: | SCC 196 of 2015 |
The offences
David Reid has pleaded guilty to seven offences of dishonestly obtaining property by deception. The offence is created by s 326 of the Criminal Code 2002 (ACT) and carries a maximum penalty including imprisonment for 10 years.
Circumstances of offences
The offences were committed over a period of 12 months between July 2013 and July 2014.
Mr Reid was, in May 2013, appointed as the manager of the Tuggeranong branch of Beyond Bank Australia, a mutual bank whose customers are its members (although I shall refer to them in these remarks as the bank’s customers). In that position he used a variety of methods to remove money from accounts held at the branch and to apply that money to his own benefit.
As the branch manager, Mr Reid was responsible for the cash holdings of the branch, including cash in the safe and the cash in the floats issued to the various tellers. He was trained…
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- AGLC
- R v Reid [2016] ACTSC 24
- Case
- [2016] ACTSC 24
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CaseChat Overview and Summary
The court examined the seriousness of Reid’s offences, which involved a breach of trust and a sustained course of conduct. It considered the victim impact statements which highlighted the significant financial harm caused to Reid’s employer. The court also assessed Reid’s prior good character and the limited use of the stolen funds for gambling. The court concluded that Reid’s suggestion of a gambling addiction was not supported by evidence and that the Crown was not required to disprove this claim to establish it as a mitigating factor. Consequently, the court held that gambling addiction, without substantiation, was not a valid mitigating factor in this case.
After considering all the circumstances, the court determined an appropriate sentence. The judgment detailed the court’s reasoning and the factors it took into account, ultimately deciding on a sentence that balanced the need for deterrence, retribution, and rehabilitation. The court’s decision also provided guidance on the weight to be given to various mitigating and aggravating factors in similar cases involving dishonesty offences. The final orders, as outlined in the judgment, specified the sentence to be imposed on Reid and any other relevant directions.
Orders
Orders of the court
See [87] – [93] below.
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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