R v Roeton

[2014] ACTSC 79

ACT SUPREME COURT

Case Title:

R v ROETON

Medium Neutral Citation:

[2014] ACTSC 79

Hearing Date:

7 May 2014

DecisionDate:

7 May 2014

Before:

Burns J

Decision:

See [10]–[12]

Catchwords:

CRIMINAL – SENTENCE – dishonestly obtain property – manager of store fraudulently refunded items to his credit card – breach of trust ­– genuine remorse – full admissions ­– full restitution

Legislation Cited:

Criminal Code 2002 (ACT), s 326

Parties:

The Queen

Perry John Roeton

Representation:

-     Counsel

Mr C Wanigaratne (Crown)

Mr J DeBruin (Defence)

-     Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Defence)

File Number: 

SCC 34 of 2014

R v Perry John ROETON
SENTENCE

1. Perry John Roeton, you have entered pleas of guilty to four counts alleging that you dishonestly obtained property (s 326 Criminal Code 2002 (ACT)), being four amounts of money, from Makin Mattresses Pty Limited with the intention of permanently depriving that company of that property.

2. An Agreed Statement of Facts has been placed before me.  I note that these offences occurred over a period of some 15 months between August 2012 and November 2013. You were employed as a manager at Makin Mattresses and used the opportunities that were presented to you as a manager of that business to misappropriate four separate sums of money totalling some $2,400 over that period of 15 months.  It has been conceded by your counsel, and correctly so, that this involved a significant breach of trust on your part.  That is an aggravating circumstance which calls for greater punishment with respect to these offences.

3. I note that you are 55 years old and I take into account the fact that you have entered pleas of guilty to these charges at the earliest opportunity and as such, I will reduce by 25 percent the sentences that I would otherwise have imposed.  I also take into account the fact that your plea of guilty reflects genuine remorse on your part for your offending conduct and also had a significant utilitarian value.

4. I take into account the fact that you made full admissions to police in a taped record of interview and also that you cooperated with your employer when you were questioned by your employer in relation to these matters. 

5. It is a matter of some significance that you have made full restitution to the victim in relation to this matter.  Indeed, it appears that you have paid more than you were required to in order to make restitution.

6. I take into account with respect to the offences that each sum was a relatively small amount.  I also take into account the fact you have taken steps towards your own rehabilitation such as voluntarily engaging with a psychologist.  Whilst your employment at Makin Mattresses was terminated when they discovered your offences, you have now found further employment and I note that you have a good history of employment throughout your lifetime.  I am satisfied that you have reasonable prospects for rehabilitation

7. Of course, you have a prior history for similar offending, albeit that those offences incurred in 2000, so nearly 14 years ago.  That, of course, disentitles you to the leniency that this Court might otherwise have been able to show to you had you no convictions. 

8. I should say that I consider these offences to be at the lower end of the range of offences of this nature.

9. Taking into account all of the circumstances, I am going to impose terms of imprisonment which will be suspended and there will be a Good Behaviour Order.

10. With respect to each of the counts on the indictment, you will be convicted: 

    ·On count one you will be sentenced to three months' imprisonment commencing today, 7 May 2014, and expiring on 6 August 2014;

    ·On count two, you will be sentenced again to three months' imprisonment commencing on 7 June 2014 and expiring on 6 September 2014;

    ·On count three, you will be sentenced to three months' imprisonment commencing on 7 July 2014 and expiring on 6 October 2014; and

    ·On count four, you will be sentenced to three months' imprisonment commencing on 7 August 2014 and expiring on 6 November 2014. 

    Therefore there is an aggregate sentence of six months' imprisonment.

11. Those sentences will be fully suspended and there will be a Good Behaviour Order on each count for a period of two years from today. 

12. There will be conditions on the Good Behaviour Order imposed on the first count:

    ·Firstly, that you are to accept the supervision of ACT Corrective Services for 12 months or such lesser period as deemed appropriate by your supervising officer and you are to obey all reasonable directions of your supervising officer.

    ·Secondly, you are to report to ACT Corrective Services at Eclipse House within 48 hours. 

    ·Thirdly, you are to undertake such counselling or programs as directed by ACT Corrective Services, particularly programs dealing with the issues of financial management, employment and also mental and emotional health. 

    I certify that the preceding twelve (12) numbered paragraphs are a true copy of the Reasons for Sentence herein of his Honour Justice Burns.

    Associate:

    Date: