DPP v Payne [2016] VCC 1666

Sentence summary: Deception

The offender was convicted by a jury of five charges of obtaining property by deception and seven charges of obtaining a financial advantage by deception.

Over 10 months the offender and her co-offender fraudulently obtained a total of $318,470 from the victim after falsely claiming they could provide her with high returns by purchasing large amounts of stock and selling it to retailers. The offender initiated the fraudulent conduct against the victim, who was her work colleague and friend. The victim only recovered $19,520 of the $318,470 and suffered significant financial hardship.

The judge took into account the offender’s age (65), her lack of prior convictions, the lengthy delay (more than eight years) since her offending and her good prospects for rehabilitation.

Issues of sentencing parity with the co-offender, who pleaded guilty to the charges including one the offender was acquitted of, were relevant to the case.

The offender was sentenced to four years and six months’ imprisonment with a non-parole period of two years and 10 months.

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Page last updated: 26 August 2018