R v Schofield - [2016] ACTSC 98

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Schofield
Citation:	[2016] ACTSC 98
Hearing Date:	7 April 2016
DecisionDate:	3 May 2016
Before:	Burns J
Decision:	See [50]-[58].
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Particular Offences – offences of dishonesty – theft – misappropriation of monies – degree of sophistication and planning – used to fund luxurious lifestyle – no prior criminal history – plea of guilty – reasonable prospects of rehabilitation – terms of imprisonment imposed.
Legislation Cited:	Crimes Act 1914 (Cth), s16A Criminal Code Act 1995 (Cth), s 131.1 Magistrates Court Act 1930 (ACT), s 90A
Parties:	The Queen (Crown) Nicholas Schofield (Offender)
Representation:	Counsel Ms K Musgrove (Crown) Mr J Moffett (Offender)
Solicitors Commonwealth Director of Public Prosecutions (Crown) Sharman Lynch Solicitors (Offender)
File Number:	SCC 245 of 2015

BURNS J:

Nicholas Schofield, you appear before me today for sentence with respect to eight offences of theft contrary to s 131.1 of the Criminal Code Act 1995 (Cth). Each offence carries a maximum of 10 years imprisonment.

At the first mention on 16 October 2015, you appeared before the ACT Magistrates Court, where you were charged in relation to each of the eight offences. On that date you entered pleas of guilty to all charges, except for the second charge, to which you did not enter a plea. Upon entering pleas of guilty to the seven charges you were immediately remanded in custody pending sentence.

The matter was adjourned to 13 November last year. On that date you entered a plea of guilty in relation to the second offence. The matter was then committed to this Court for sentence. You appeared before me on 7 April this year for sentence. On that date I granted leave to the Crown to amend the certificate under s 90A of the Magistrates Court Act 1930 (ACT) to insert the word "permanently" in each charge so that each charge referred to your intention to permanently deprive Indigenous Business Australia of property. You were then re-arraigned and pleaded guilty to all eight counts.

Facts

A Statement of Facts was tendered at your sentence hearing, which specifies the facts in detail that relate to each offence of theft. I will not refer to the facts in any great detail, however, I will give some background to the offences. You were an employee of Indigenous Business Australia (IBA), a corporate Commonwealth entity. One of IBA's primary functions is to assist the indigenous community by lending for home and business purposes. The funding is provided by the Commonwealth Government and IBA's banking is undertaken with Westpac.

A new finance system was implemented by IBA on 1 January 2013, which I will refer to as TechOne. You had over six years experience in the use and management of TechOne systems and you were recruited by IBA for this expertise to manage the implementation.

On 9 April 2014, your position title was changed to…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Schofield

Details

AGLC: R v Schofield [2016] ACTSC 98
Case: [2016] ACTSC 98
Decision Date: 3 May 2016

CaseChat Overview and Summary

In the matter of the Commonwealth of Australia versus Schofield, the court was presented with a case involving allegations of theft and misappropriation of funds. The defendant, Schofield, pleaded guilty to multiple counts of theft, which involved the unlawful appropriation of significant sums of money. These funds were used to finance a lifestyle far beyond Schofield's legitimate income, suggesting a degree of sophistication and planning in the commission of the offences. Notably, Schofield had no prior criminal history, which was a factor considered during sentencing.

The central legal issues before the court were the appropriate sentencing approach for these offences and the determination of an appropriate punishment. Given the significant financial impact on the victims and the defendant's otherwise clean record, the court had to balance the need for deterrence and denunciation with the potential for rehabilitation. The court also needed to consider the degree of premeditation and the personal circumstances of Schofield, including his prospects for rehabilitation.

The court deliberated on the severity of the offences, the sophistication involved, and the potential for Schofield to reform. In assessing these factors, the court concluded that while the offences were serious, the defendant's lack of a criminal record and the possibility of rehabilitation warranted a sentence that would provide a path for Schofield to reintegrate into society. The court ultimately imposed a term of imprisonment, taking into account both the gravity of the crimes and Schofield's potential for future rehabilitation. This decision reflects the court's approach to balancing punitive and rehabilitative objectives in sentencing for offences of dishonesty.

Orders

Orders of the court

See [50]-[58].

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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