DPP v Vu [2016] VCC 736

Sentence summary: Deception

The offender’s partner at the time (the co-offender) was a bank manager who used her position to open four accounts, each with an authorised overdraft limit of $60,000. Both the offender and the co-offender withdrew funds from the accounts. The offender used the money to finance a gambling addiction that saw him turn over in excess of $240,000 in one year at Crown Casino.

The offender pleaded guilty to four charges of obtaining property by deception.

The judge found that each of the charges must be regarded as a serious example of the offence. However the judge said the offender was entitled to a sentence reduction because he had pleaded guilty to all the charges at the earliest opportunity and had demonstrated genuine remorse.

The judge also noted the offender’s previous criminal history, for drug offences between March 1997 and November 1998, and the 15-year gap in offending before these charges. The judge found that this gap showed the offender, when properly motivated, was capable of rehabilitating himself and there was a reasonable prospect of him being fully rehabilitated.

However, the judge found that the offender voluntarily chose to gamble and was the one who benefitted from the offending. He also pointed out that none of the money had been repaid and the chances of that happening in the future were bleak.

The offender was sentenced to 78 days’ imprisonment for each of the four charges (78 days being the period of time he had already been in custody), as well as a three-year Community Correction Order (CCO). The CCO included 200 hours of community work, treatment and rehabilitation programs to reduce the prospect of re-offending, supervision and an appearance before the judge every six months to monitor his progress.

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Page last updated: 26 August 2018