In large, sophisticated frauds or stealing, the role of each participant must be isolated. This allows for the court to properly assess the appropriate penalty as well as attribution of restitution.
In two such matters of this kind in which I was recently involved (View Case 1 & View Case 2 ) his aspect played a pivotal role in my assessment of a sentencing range far below that sought by the prosecution.
The case involved a group of workers who were engaged in carrying out fraudulent bitumen works throughout Queensland.
Although the total amount of the fraud exceeded $150,000, the accused that I represented were merely workers. They did not see the vast majority of those funds. They simply provided some manual labour for the scheme and were modestly compensated for that.
At first instance, the Magistrate refused to accept this argument. Rather, His Honour preferred the incorrect interpretation given to him by the prosecutor.
But on appeal, as can be seen from reading the cases, my view was considered correct by the Judge. Accordingly, their sentences were adjusted to meet my view of the law.
This is just an interesting feature of this class of offences. If you require any further assistance with a fraud of stealing charges, please don’t hesitate to contact Michael.
If you are facing charges relating to stealing or fraud, it is crucial to seek expert legal advice.
Contact Michael McMillan on (07) 5619 6860 or 0409 273 430 for legal advice & representation in court.