R v Victor Dobing - [2025] NSWDC 233

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Victor Dobing [2025] NSWDC 233
Hearing dates: 22 May 2025
Date of orders: 22 May 2025
Decision date: 22 May 2025
Jurisdiction: Criminal
Before: Grant DCJ
Decision:
The offender is convicted.
The offender is sentenced to an aggregate sentence of four years and nine months imprisonment, with a non-parole period of two years and six months. The sentence commences on 21 May 2025, and expires on 20 February 2030. The offender will be eligible for parole on 20 November 2027.

Catchwords:
CRIME – SENTENCING – five counts of embezzlement by clerk – offender was manager of a community bowling club and embezzled funds over a period of five years through fake invoices and unsupported expenses – total amount embezzled was $1,788,805 – offender made admissions when confronted by club board – offender suffered from gambling addiction – offender disputed total amount embezzled on sentence – late guilty plea – assessment of objective seriousness of fraud-like offences – breach of trust – strong prospects of rehabilitation – offender subsequently employed as counsellor with Lifeline and assisted others with gambling addiction – remorse and contrition – finding of special circumstances – need for general and specific deterrence in cases of white collar crime – sentence of full-time imprisonment warranted

Legislation Cited:
Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:
Johnston v R [2017] NSWCCA 53
R v Todorovic [2008] NSWCCA 49
R v Mungomery [2004] NSWCCA 450

Category: Sentence
Parties: Rex (Crown)
Victor Dobing (Offender)
Representation:
Counsel:
Ms E James (Crown)
Ms C Akthar(Offender)
Solicitors:
Mr E Choi (Crown)
Mr D Hamilton (Offender)

File Number(s): 2019/00293670
Publication restriction: N/A

EX TEMPORE JUDGMENT

INTRODUCTION

Victor Dobing appears today to be sentenced in relation to five offences of embezzlement as a clerk, contrary to s 157 of the Crimes Act 1900 (NSW). This offence has a maximum penalty of ten years’ imprisonment. There is no standard non‑parole period.
The offences arise out of Mr Dobing's employment as the secretary manager of the Kurri Kurri Bowling Club where, in the period from 2012 to 2017 he embezzled $1,788,805 through fake invoices and unsupported expenses.
The maximum penalties for the offences are important guides in the assessment of sentence. A judge should steer by them but not aim for them.
This matter was listed before me on 11 February 2025 for a contested facts hearing with an estimate of four weeks, as Mr Dobing disputed the total amount of the funds embezzled (initially alleged by the Crown to be $1,856,000) during his tenure as the secretary manager of the Kurri Kurri Bowling Club. Mr Dobing was unrepresented during this hearing. Mr Dobing initially contended that he had only received a benefit of about $500,000. On 12 February, Mr Ashley McPhee (forensic accountant) gave evidence and was cross‑examined by Mr Dobing. After the cross‑examination concluded, Mr Dobing indicated that he did not wish to proceed with the contested facts hearing. I…

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 Victor Dobing

Details

AGLC: R v Victor Dobing [2025] NSWDC 233
Case: [2025] NSWDC 233
Decision Date: 22 May 2025

CaseChat Overview and Summary

In the case of R v Victor Dobing, the offender, who was the manager of a community bowling club, was charged with five counts of embezzlement. Over a period of five years, the offender embezzled a substantial sum of money, amounting to $1,788,805, through the use of fake invoices and unsupported expenses. The offender admitted to the crimes when confronted by the club board but disputed the total amount embezzled during the sentencing phase. The offender's gambling addiction was also a factor in the case, and he had a late guilty plea. The case was heard in the relevant court, which was tasked with determining the appropriate sentence for the offender.

The primary legal issues that the court needed to address were the objective seriousness of the fraud-like offences, the breach of trust, the offender's prospects for rehabilitation, and the need for general and specific deterrence in cases of white collar crime. The court had to assess the offender's remorse and contrition, and determine if there were any special circumstances that warranted a departure from the usual sentencing principles. The offender's subsequent employment as a counsellor with Lifeline, where he assisted others with gambling addiction, was also a factor that the court considered.

The court found that the offender's actions were a serious breach of trust, and that the total amount embezzled warranted a significant sentence. However, the court also considered the offender's prospects for rehabilitation and his efforts to make amends for his actions. The court found that the offender had shown genuine remorse and contrition, and that his employment with Lifeline demonstrated a commitment to assisting others with similar issues. The court also noted the need for general and specific deterrence in cases of white collar crime, and concluded that a sentence of full-time imprisonment was warranted.

The final orders of the court were that the offender was convicted and sentenced to an aggregate sentence of four years and nine months imprisonment, with a non-parole period of two years and six months. The sentence was to commence on 21 May 2025, and expire on 20 February 2030, with the offender being eligible for parole on 20 November 2027.

Orders

Orders of the court

The offender is convicted.

The offender is sentenced to an aggregate sentence of four years and nine months imprisonment, with a non-parole period of two years and six months. The sentence commences on 21 May 2025, and expires on 20 February 2030. The offender will be eligible for parole on 20 November 2027.

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 Victor Dobing [2025] NSWDC 233
Hearing dates:	22 May 2025
Date of orders:	22 May 2025
Decision date:	22 May 2025
Jurisdiction:	Criminal
Before:	Grant DCJ
Decision:	The offender is convicted. The offender is sentenced to an aggregate sentence of four years and nine months imprisonment, with a non-parole period of two years and six months. The sentence commences on 21 May 2025, and expires on 20 February 2030. The offender will be eligible for parole on 20 November 2027.
Catchwords:	CRIME – SENTENCING – five counts of embezzlement by clerk – offender was manager of a community bowling club and embezzled funds over a period of five years through fake invoices and unsupported expenses – total amount embezzled was $1,788,805 – offender made admissions when confronted by club board – offender suffered from gambling addiction – offender disputed total amount embezzled on sentence – late guilty plea – assessment of objective seriousness of fraud-like offences – breach of trust – strong prospects of rehabilitation – offender subsequently employed as counsellor with Lifeline and assisted others with gambling addiction – remorse and contrition – finding of special circumstances – need for general and specific deterrence in cases of white collar crime – sentence of full-time imprisonment warranted
Legislation Cited:	Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited:	Johnston v R [2017] NSWCCA 53 R v Todorovic [2008] NSWCCA 49 R v Mungomery [2004] NSWCCA 450
Category:	Sentence
Parties:	Rex (Crown) Victor Dobing (Offender)
Representation:	Counsel: Ms E James (Crown) Ms C Akthar(Offender) Solicitors: Mr E Choi (Crown) Mr D Hamilton (Offender)
File Number(s):	2019/00293670
Publication restriction:	N/A