R v Schultz

[2022] NSWDC 63

District Court

New South Wales

Medium Neutral Citation:

R v Schultz [2022] NSWDC 63

Hearing dates:

25 February 2022 and 02 March 2022

Date of orders:

02 March 2022

Decision date:

02 March 2022

Jurisdiction:

Criminal

Before:

Grant DCJ

Decision:

I refuse to make the orders for compensation sought by the Crown.

Catchwords:

Criminal law – application for compensation – Victims Rights and Support Act 2013 – corporation as an aggrieved person – dishonestly obtain financial advantage by deception – employed based on false resume – work performed to standard required – no loss sustained by reason of the offending

Legislation Cited:

Corporations Act 2001 (Cth)

Crimes Act 1900 (NSW)

Interpretation Act1987 (NSW)

Victims Rights and Support Act2013 (NSW)

Cases Cited:

Fagan v Crime Compensation Tribunal (1982) 150 CLR 666

R v White (No 2) [2021] NSWDC 580

R v Wills: Application by Woolworths Limited [2013] NSWDC 1

Category:

Principal judgment

Parties:

Regina (Crown)
Timothy Leslie Schultz (Offender)

Representation:

Solicitors:
Mr S Baumgarten (DPP)
Ms K Espiner (Offender)

File Number(s):

2020/00181304

Publication restriction:

Nil

Judgment

1. The Crown seeks orders of the Court for compensation pursuant to s 97 of the Victims Rights and Support Act2013. It is said that the following entities are aggrieved persons and have sustained loss:

1. Charles Sturt University, $43,992;

2. Telstra Business Centre Tamworth, $6,254;

3. LRE Services, $91,599. Of that an amount the offender has paid $10,000; and

4. The Coleambally Irrigation Company, $48,584.

2. The application raises a number of issues. They can be summarised as follows:

1. Where the Act uses the word “person” does it include corporation;

2. If person also means corporation are any of the entities corporations as defined in s 57A of the Corporations Act 2001 (Cth);

3. Has the “aggrieved person” suffered loss through or by reason of the offence: s 97(1).

FACTUAL BACKGROUND

3. The offender on 21 October 2021 pleaded guilty to four counts of dishonestly obtain financial advantage by deception contrary to s 192D of the Crimes Act 1900. He was sentenced to an aggregate term of three years, commencing 19 October 2021 with a non-parole period of two years.

Charles Sturt University

4. In December 2017, the offender submitted a false resume to Charles Sturt University listing extensive IT experience over an 18 year period and university qualifications. He was offered employment and commenced on 1 February 2018 with an annual salary of $81,961.

5. An investigation of his qualifications began in July of 2018. As a result of that investigation, the offender resigned. The offender received a gross salary of $43,992.

Telstra Business Centre

6. On 30 September 2019, the offender gained employment with Telstra Business Centre Tamworth using a false resume. The resume was discovered to be false and his employment was terminated in October 2019. His gross wages were $6,254.

LRE Services

7. The accused said he was an electrical engineer. He was not. He was employed as an electrical engineer and began performing the role of electrical process controller for Walgett Shire Council town water supply, contracted to…