NSW Caselaw
Local Court New South Wales
Medium Neutral Citation: Police v Dacich [2021] NSWLC 15 Hearing dates: 3 February 2021 Date of orders: 5 February 2021 Decision date: 05 February 2021 Jurisdiction: Criminal Before: Stewart LCM Decision: Imprisonment 18 months with NPP 10 months Catchwords: Obtain financial advantage by deception – history of dishonesty offences an aggravating factor – offences occurred on conditional liberty pending appeal to NSWCA for dishonesty offences – degree of planning – need for both general and specific deterrence – totality of sentence – misleading and false submissions Legislation Cited: Crimes Act 1900 (NSW), s192E Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 21A, 53A Cases Cited: Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41 Greaves v R [2020] NSWCCA 140 Imbornone v R [2017] NSWCCA 144 Meissner v The Queen (1995) 184 CLR 132 R v Borkowski [2009] NSWCCA 102; 195 A Crim 1 R v Dacich [2019] NSWSC 1517 Hopley v R [2008] NSWCCA 105 R v Merrin (2007) 174 A Crim R 100; [2007] NSWCCA 255 Nguyen v R [2007] NSWCCA 14 Category: Sentence Parties: NSW Police Force (Prosecutor) Clare Dacich (Defendant) Representation: Sergeant Osten, Police Prosecutor
Solicitors:
Ms Y Shah, solicitor for Defendant File Number(s): 2020/321748 Publication restriction: Nil
Judgment
The Charges and the Pleas 1. The offender Clare Dacich pleaded guilty to 3 counts of Dishonestly Obtain Financial Advantage by Deception contrary to section 192E(1)(b) Crimes Act 1900 (NSW). 2. Those pleas were entered via email from the defendant's solicitor when the matter was listed for reply on 2 February 2021. 3. The matters were stood over to 3 February 2021 for sentence. Ms Shah appeared for the offender, and Ms Dacich appeared via video link. 4. Each of the 3 counts was read aloud to the offender who then confirmed pleas of guilty. 5. In accordance with the principles enunciated in R v Borkowski [2009] NSWCCA 102; 195 A Crim R 1 at [32], I allow a discount of 20% for the utilitarian value of each plea.
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