R v Thomas [2022] NSWDC 658

District Court New South Wales

Medium Neutral Citation: R v Thomas [2022] NSWDC 658 Hearing dates: 9/9/22, 20/9/22, 14/11/22 Date of orders: 14/11/22 Decision date: 14 November 2022 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: I have taken into account a 25 percent discount for the plea of Guilty. I sentence the offender to a term of imprisonment of 1 years 3 months. The matter on the s16BA certificate is taken into account. However, I intend to give consideration to whether that sentence ought to be served by full time imprisonment or by an ICO. I therefore order a Sentencing Assessment Report. SOPH for sentence to 14/11/22 at 9.30am in the Downing Centre. The offender is to appear in person on the next occasion. I order a SAR. The offender is to report to the Lithgow office of Community Corrections within 3 days to enable the report to be prepared. Catchwords: Crime – Sentence – Commonwealth – Director of corporation use position dishonestly with the intention of gaining advantage for himself – Officer of corporation use position dishonestly with the intention of gaining advantage for himself Legislation Cited: Corporations Act 2001 Commonwealth Crimes Act 1914 Cases Cited: Totaan v R [2022] NSWCCA 75 Category: Sentence Parties: Commonwealth DPP – Crown Mark Peter Thomas - Offender Representation: Mr G Hurley for Commonwealth Crown Mr M Thangaraj for Offender File Number(s): 21/95105 Publication restriction: I make the following non-publication orders: - anything which reveals or might tend to reveal the identities of the offender's children. - the highlighted sections in the documents annexed to the Notice of Motion dated 6 September 2022.