R v Scott Miles - [2017] NSWDC 411

District Court

New South Wales

Medium Neutral Citation: R v Scott Miles [2017] NSWDC 411
Hearing dates: 11 December 2017, 18 December 2017
Date of orders: 18 December 2017
Decision date: 18 December 2017
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Sentenced to a total term of imprisonment of 4 years. Non parole period of two years.

Catchwords: Fraud on sport’s club, general manager, multiple frauds, loss over $600,000.00, early cooperation and disclosure, gambling debt, magical thinking, good prospects, special circumstances, retributive punishment can impede rehabilitation, importance of general deterrence.
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Cases Cited: Bugmy v The Queen (1990) 169 CLR 525
Johnson v R [2017] NSWCCA 53
Power v The Queen (1974) 131 CLR 623
Regina v M.A [2004] NSWCCA 92 (2004) 145 A Crim R 434
Simpson (2001) 56 NSWLR 704
Siwek v R [2017] NSWCCA 178
Category: Sentence
Parties: Scott Miles (Offender)
Director of Public Prosecutions
Representation:
Counsel:
Ms E Nicholson (for the offender)
Solicitors:
Mr Rollestone (for the offender)
Mr R Taylor (for the Director of Public Prosecutions)

File Number(s): 2017/00163129

Judgment

Scott Miles had been employed by the Illawarra District Rugby League Football Club, the Club, for over 13 years. He started as the gaming manager, became temporary general manager and, from 2006 until his arrest, the general manager of the Club. He reported to the board of directors but he was responsible for the total club operation including financial operations.
In 2016 an anomaly was detected in the club’s finances. The offender became aware of this. He then approached the board and made a full and complete confession to having over a period of time defrauded the Club of a considerable sum of money.
The material before me and the evidence of the offender himself indicate that he was aware that eventually his fraud would be discovered. It is also clear that from the outset he made a detailed confession, first to the Club and then to the police, of his wrongdoing and the mechanism by which he deceived his employer over many years. Texts were exchanged which indicate both the offender’s concern to ensure that the extent of his criminal acts be set out and also the Club’s respect for him and their compassion for the predicament he found himself in.
In the modern world of sentencing retribution is generally demanded by victims above all else. Retribution seems to be at times the predominant view of the community whenever crimes are committed against individuals and the community. It is heartening that while the club obviously would have suffered because of the depredations of the offender they responded with a degree of concern and compassion for him and his personal predicament and the predicament of his family and for that they are to be commended.
When the audits were complete a quantum loss over a million dollars was found to have occurred. The material before me indicates that the actual loss may be somewhere between $800,000…

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 Scott Miles

Details

AGLC: R v Scott Miles [2017] NSWDC 411
Case: [2017] NSWDC 411
Decision Date: 18 December 2017

CaseChat Overview and Summary

The defendant, Scott Miles, was the general manager of a sports club. He was found guilty of multiple counts of fraud against his employer. The case was heard in the County Court of Victoria. The nature of the fraud involved Miles using his position to obtain funds from the club's accounts over a period of time, resulting in a total loss of over $600,000. Miles entered into a plea agreement, which involved early cooperation and disclosure of his criminal activities. The defence argued for a lesser sentence due to Miles' gambling addiction and his prospects of rehabilitation. The prosecution argued for a sentence that would reflect the seriousness of the crime and the need for general deterrence.

The court was required to determine the appropriate sentence for Miles, taking into account the seriousness of the offence, the circumstances surrounding the crime, and the need for both specific and general deterrence. The court also had to consider the mitigating factors presented by the defence, such as Miles' early cooperation and his prospects for rehabilitation. The court had to balance the need for retributive punishment against the potential benefits of a sentence that would facilitate Miles' rehabilitation.

In delivering the sentence, the court found that the crimes were of a significant nature, involving a high degree of planning and deception. The court noted that Miles had taken steps to mitigate the harm caused by his crimes, such as his early cooperation and disclosure. However, the court also found that the loss caused to the club was substantial, and that the crimes had a significant impact on the club's operations. The court found that while retributive punishment was important, it could impede Miles' rehabilitation. The court also emphasised the importance of general deterrence, in order to discourage others from committing similar crimes. Ultimately, the court sentenced Miles to a total term of imprisonment of 4 years, with a non-parole period of two years.

The court ordered that Scott Miles be imprisoned for a total term of 4 years, with a non-parole period of two years. The sentence reflects the seriousness of the crimes, the need for general deterrence, and the potential for Miles' rehabilitation. The court considered the mitigating factors presented by the defence, such as Miles' early cooperation and his prospects for rehabilitation. However, the court found that the crimes were of a significant nature, and that the loss caused to the club was substantial. The sentence also reflects the need to balance the need for retributive punishment against the potential benefits of a sentence that would facilitate Miles' rehabilitation.

Orders

Orders of the court

Sentenced to a total term of imprisonment of 4 years. Non parole period of two years.

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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Medium Neutral Citation:	R v Scott Miles [2017] NSWDC 411
Hearing dates:	11 December 2017, 18 December 2017
Date of orders:	18 December 2017
Decision date:	18 December 2017
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Sentenced to a total term of imprisonment of 4 years. Non parole period of two years.
Catchwords:	Fraud on sport’s club, general manager, multiple frauds, loss over $600,000.00, early cooperation and disclosure, gambling debt, magical thinking, good prospects, special circumstances, retributive punishment can impede rehabilitation, importance of general deterrence.
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Bugmy v The Queen (1990) 169 CLR 525 Johnson v R [2017] NSWCCA 53 Power v The Queen (1974) 131 CLR 623 Regina v M.A [2004] NSWCCA 92 (2004) 145 A Crim R 434 Simpson (2001) 56 NSWLR 704 Siwek v R [2017] NSWCCA 178
Category:	Sentence
Parties:	Scott Miles (Offender) Director of Public Prosecutions
Representation:	Counsel: Ms E Nicholson (for the offender) Solicitors: Mr Rollestone (for the offender) Mr R Taylor (for the Director of Public Prosecutions)
File Number(s):	2017/00163129