Public Defenders
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Fraud - False Instrument - Make and/or Use

This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.


    s.300(1) Make false instrument (10 years)
    s.300(2) Use false instrument (10 years)


    CaseOffenceAmountPleaSentenceAppealRecordFacts
    O’Keefe
    NSW CCA
    11.6.1992
    9 x s.300(1)
    9 x s.300(2)

    Sched:
    175 offences
    $80,663PGMT 15m
    AT 5m
    AA
    FT 6m
    fine for stealingFemale - Bookkeeper wrote cheques out to cash, signed and cashed them, writing client’s name on butt, over 20 months. Paid for living expenses.
    Full restitution made. Genuine contrition and remorse.
    Wales
    NSW CCA
    15.7.1994
    s.300(1)
    s.300(2)

    Sched:
    GIC
    PGMT 18m
    AT 6m
    AA
    MT 12m
    AT 12m
    Serving PD and recog for dishonesty matters.Attempted use of American Express card belonging to someone else.
    Santos
    (48)
    NSW CCA 28.6.1995
    13 x s.300(1)

    Sched:
    68 x s.300
    $474,055PGMT 2y 9m
    AT 1y 9m
    (25% discount for assistance)
    ADNilAccountant defrauded employer by making out false cheques over 4 years. Gambling. Admitted offences to employer when became aware of audit. Some assistance re tax offences.
    Cofini
    (37)
    NSW CCA
    4.3.1997
    3 x s.300(2)

    Sched:
    6 x s.300(2)
    loss to bank: $1.452mPGMT 1y
    AT 1y
    ADSolicitor used documents to deceive bank to obtain large loan from bank for client.
    Severe hardship since offence. Genuine remorse.
    Brillo
    (20-21)
    NSW CCA
    14.5.1997
    5 x s.300(1)
    5 x s.300(2)

    Sched:
    73 x s.300(1)
    75 x s.300(2)
    $188,075PGMT 18m
    AT 2y
    ADNilFemale - Defrauded employer over 13 months. No money repaid. Altered cheques signed by company signatories and deposited money into own account.
    Money spent on lifestyle and gambling.
    Spiridonov
    NSW CCA
    1.5.1998
    11 x s.300(2)

    Sched:
    12 x s.300(2)
    $45,000PgMT 3y
    AT 1y
    AA
    MT 2y 3M
    AT 15m
    minor dishonestyObtained Visa card using false documents and used card to obtain cash advances. Involved careful planning.
    Repaid 70% of losses. Co-offender absconded with much more money.
    Good background, depressed.
    Vasil
    NSW CCA [421]
    11.10.2000
    21 x s.300(2)

    Sched:
    37 dishonesty offences
    $1,453,254PGMT 3y
    AT 3y
    ADUsed false documents to create false identities to systematically defraud banks. Defrauded banks of $4million dollars over two and a half year period.
    Fisher
    NSW CCA [143]
    4.4.2001
    6 x s.300(1)
    6 x s.300(2)

    Sched:
    48 x s.300(1)
    48 x s.300(2)
    $248,000early plea of guiltyMT 3y
    AT 2y
    AA
    MT 2y 6m
    AT 2y 6m
    Used position as technical manager to defraud company over 5 years. Altered cheques already signed using sticky tape. Serious breach of trust.
    Gambling addiction - confessed offences to police - remorse - some compensation made - rehabilitation
    Tooth
    NSW CCA [407]
    10.10.2001
    2 x s.300(2)$415,127PG4y
    NPP 2y
    ADDishonesty offences – breached bailUsed 2 stolen bank cheques to pay off mortgage
    Some assistance to authorities
    Sewell
    NSW CCA [7]
    1.2.2002
    7 x s.300(2)PG4y
    NPP 1y 5m
    ADsimilar offencesUsed false instruments to steal from company
    Good character evidence - Evidence of rehabilitation - Medical condition
    Finn
    (mid - 50s)
    NSW CCA [86]
    19.3.2002
    6 x s.300(1)

    Sched:
    17 x s.300(1)
    > $130,000PG3y
    NPP 2y
    AA
    2y
    NPP 16m
    nilAs manager of smash repairs involved with others in fraud on NRMA - Creating of false insurance claims for fictitious accidents - Own ca involved in one claim
    Favourable prospects of rehabilitation - Poor health - Parity - Discount for guilty plea
    Power
    (40s)
    NSW CCA [244]
    19.6.2002
    39 x s.300(1)$7.681mPG8y
    NPP 5y
    AA
    8y
    NPP 4y
    nilFemale - As middle management at bank created fictitious loans for fictitious customers over 4 years - Money spent on luxury living, particularly jewellery - Some money used to repay older loans
    Motivation obscure - Depressed and vulnerable at time - Prospects of rehabilitation
    Montesinos
    (35)
    (2002) 135 A Crim R 417
    15 x s.300(2)$119,643VG24m suspendedCrown ADnilFemale employee deposited cheques drawn on account of employer into own account over 5 months - little insight into offending
    History of major depressive episodes
    Meyer
    (28)
    (2002) 135 A Crim R 438
    3 x s.300(1)
    3x s.300(2)
    PG3y
    (Periodic Detention)
    AA
    1y 6m
    NPP 13m
    (Periodic Detention)
    nilFinance broker involved in fraudulently obtaining loans from bank - Not party to scheme but facilitated it - Forged endorsements on 3 cheques - to receive $36,237 commission
    Remorse - Co-operation
    Thompson
    (43-45)
    NSW CCA [219]
    4.8.2003
    7 x s.300(1)
    7 x s.300(2)

    Sched:
    30 x s.300(1)
    30 x s.300(2)
    $144,000PG3y
    NPP 18m
    ADNil relevantFemale - As credit collector for company took money to pay for family expenses and finance gambling addiction
    Financial difficulties
    Valentine
    (37)
    NSW CCA [23]
    12.2.2007
    3 x s.300(2)

    Sched:
    2 x s.300(2)
    $924,454.99PG4y 9m
    NPP 2y 9m
    ADFinancial advisor stole from clients over two years – forged signatures, alerted document and diverted mail
    Ellis discount – financial difficulties
    Nikolaidis
    (52 at sentence)
    NSW CCA [323]
    17.12.2008
    s.300(1)VG2y
    NPP 12m
    ADNilSolicitor had secretary type backdated letter purporting to be terms of engagement between appellant and former client – involved in dispute with client – costs assessment being made by Supreme Court assessor – mid range offence – part of continuous course of conduct – breach of trust
    Loss of employment




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