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: Category: Sentence Parties: Rex (Crown)
Victor Dobing (Offender)Representation: Counsel:
Solicitors:
Ms E James (Crown)
Ms C Akthar(Offender)
Mr E Choi (Crown)
Mr D Hamilton (Offender)
File Number(s): 2019/00293670 Publication restriction: N/A
EX TEMPORE JUDGMENT
INTRODUCTION
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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.
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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.
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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.
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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…
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- AGLC
- R v Victor Dobing [2025] NSWDC 233
- Case
- [2025] NSWDC 233
- Decision Date
CaseChat Overview and Summary
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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