R v Dimitri DE ANGELIS [2013] NSWDC 79

District Court New South Wales

Medium Neutral Citation: R v Dimitri DE ANGELIS [2013] NSWDC 79 Decision date: 01 March 2013 Before: Cogswell SC DCJ Decision: For 14 offences of director cheat or defraud and 2 offences of obtain money by deception, an aggregate sentence of imprisonment of 12 years. Non-parole period 7½ years. Balance of the term 4½ years. Catchwords: CRIMINAL LAW - Particular offences - director cheat or defraud; and obtain money by deception - extensive and predatory fraud perpetrated on 16 victims over 4 years totalling over $8,000,000 - several victims in professional, academic, business or local government careers - offender sole director of music production and distribution company - persuaded victims to invest - some victims used superannuation funds - made false and misleading representations regarding personal wealth, financial health of company - falsified ASIC documents - produced false photographs. Sentence - purpose of sentence - community protection and recognition of harm done to victims - victim impact statement - should harm to natural persons be given more weight than harm to corporations? - general deterrence - significant factor - relevant factors - 'white collar criminal' - no criminal record - prospects of rehabilitation unclear - response to charges - very late plea of guilty - 12 and a half per cent discount - s 21A(2) aggravating factors some relevant some not - nature and circumstances of offender - narcissistic personality disorder - childhood abuse - adult cocaine use - special circumstances - mental health, first time in custody - form 1 taken into account. Legislation Cited: Crimes Act 1900 s 176A, s 178BA. Crimes (Sentencing Procedure) Act 1999 s 21A(2), s 32, s 53A. Cases Cited: R v Borkowski (1999) 195 A Crim R 1; [2009] NSWCCA 102. Giam (No.2) (1999) 109 A Crim R 348; [1999] NSWCCA 378. Gomes v Regina [2008] NSWCCA 142. Regina v Jackson [2001] NSWCCA 355. R v Mungomery (2004) 151 A Crim R 376; [2004] NSWCCA 450. Heather Kathleen Power v Regina [2002] NSWCCA 244. R v Shawn Darrell Richard [2011] NSWSC 866. R v Tadrosse (2005) 65 NSWLR 740; [2005] NSWCCA 145. Category: Sentence Parties: Regina (Crown) Dimitri De Angelis (Offender) Representation: Counsel M. G. O'Brien (Director of Public Prosecutions) M. C. Ramage QC (Offender) File Number(s): DC 2010/70664