R v RIGANIAS [2010] NSWDC 116

New South Wales District Court

CITATION: R v RIGANIAS [2010] NSWDC 116

17 August 2009 20 November 2009 HEARING DATE(S): 26 February 2010 14 May 2010 25 June 2010

JUDGMENT DATE: 25 June 2010

JURISDICTION: District Court Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: The offender is sentenced to imprisonment with an effective non-parole period of 4½ years and a head sentence of 6 years.

CATCHWORDS: CRIMINAL LAW - Sentence - Obtain benefit by deception - Defrauding family and friends - Effects on victims to be taken into account

LEGISLATION CITED: Crimes Act 1900

PARTIES: The Crown Constantios Riganias

FILE NUMBER(S): DC 2008/00020762

COUNSEL: Mr K McKay Mr M Gelbert - Offender

SOLICITORS: The Director of Public Prosecutions Legal Aid Commission - Offender

SENTENCE

1 Constantinos Riganias pleaded guilty to nine counts of obtaining a benefit by deception, offences under s 178BA of the Crimes Act. The maximum penalty for each offence is five years imprisonment. These pleas of guilty came on the fourth day of the offender's trial, but only after I had made a ruling on evidence and only after impressive evidence from a forensic accountant demonstrated what the offender already knew – that he had engaged in the long term systematic deceit of his family and friends for his own benefit.

2 Those pleas came some considerable time ago. The sentencing of the offender has been delayed many months. That is not due to any delay on the part of the prosecution nor the court. It was because the accused wanted to adduce evidence of his mother's medical condition and what were said to be the benefits which she would obtain if the accused were able to care for her. Such evidence was not produced with any great speed, and multiple adjournments were granted at the accused's request. As it turns out the evidence, although very sad, was not of the significance that Mr Gelbert expected that it might be. Of course the offender is not to be punished for those delays, I refer to them merely to indicate why it is that he is today being sentenced for matters to which he pleaded guilty many months ago.