R v Szeto [1999] NSWCCA 296

New South Wales Court of Criminal Appeal CITATION : R v Szeto [1999] NSWCCA 296 FILE NUMBER(S) : CCA 60365/98 HEARING DATE(S) : 15 September 1999 JUDGMENT DATE : 15 September 1999

PARTIES : Lance William Szeto Regina (NSW) JUDGMENT OF : Wood CJ at CL; Simpson J at 22

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/11/1023 LOWER COURT JUDICIAL OFFICER : Downs DCJ

COUNSEL : J.C. Nicholson SC for Applicant R.D. Ellis for Crown SOLICITORS : T.A. Muprhy for Applicant S.E. O'Connor for Crown CATCHWORDS : CRIMINAL LAW - sentencing - appeal against sentence for dishonestly obtaining goods by deception - whether manifestly excessive - whether special circumstances exist DECISION : Sentence quashed, and in lieu thereof applicant sentenced to a minimum term of penal servitude for 2 years 3 months, to commence from 18 June 1998, and expire on 17 September 2000; and an additional term of 9 months to date from the expiration of the minimum term. As a consequence of that order, applicant to be released on parole at the end of the minimum term.

IN THE COURT OF CRIMINAL APPEAL

60365/98 WOOD CJ AT CL SIMPSON J

WEDNESDAY 15 SEPTEMBER 1999 REGINA v LANCE WILLIAM SZETO

JUDGMENT

1 WOOD CJ AT CL: The applicant pleaded guilty a charge that between 10 February 1996 and 12 August 1996 he dishonestly obtained by deception a quantity of Digital brand laptops, monitors, keyboards and accessories, with a manufacturer's value of $318,910.73. 2 The offence charged related to thirty-three instances of fraudulent orders placed by him, over a six months period, through the computer system of his employer, Digital Engineering Corporation. In committing the offence he took advantage of his position as an Accounts Manager with that company. His duties involved the receiving of orders from customers and placing those orders onto the computer. False invoices were prepared that were directed to the primary customers. 3 False credit notes were issued when those customers complained that they had not purchased the goods. 4 The applicant sold all of the equipment obtained by means of his deception. Upon his admission, the funds received, which approximated 70 per cent of the retail value of the equipment of $762,175, was spent on living the high life. This apparently included paying off his credit card and also paying off a Lotus motor-vehicle which he had acquired. 5 One reason offered for his criminality was that he was dissatisfied, or disgruntled with his employer; otherwise the applicant sought to place the blame upon the person who acquired the equipment from him. The case was not one in which the applicant had any pressing financial needs, or similar reason, for offending. 6 The applicant had not given any retribution by the time he appeared for sentence, even though he had expressed an intention to do so and had obtained fresh employment in a highly paid position. 7 He did, however, plead guilty from the outset and he had no prior convictions. His employment prior to the offence was continuous and he was well versed in computer skills, including computer programming. He also had a certificate in management skills. He did not drink alcohol, although he had previously abused drugs recreationally. He said that he given up that practice in 1997. He was supported by his friends and family and he was of good general character with favourable rehabilitation prospects. 8 The offence which was prosecuted was a single charge under s 178BA of the Crimes Act which carries a maximum penalty of penal servitude for 5 years. 9 The applicant was sentenced to a minimum term of penal servitude for 3 years and to an additional term of 1 year. 10 Two grounds of appeal were addressed.