R v Egar [2019] NSWDC 445

District Court New South Wales

Medium Neutral Citation: R v Egar [2019] NSWDC 445 Hearing dates: 22 August 2019 Decision date: 29 August 2019 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [102] Catchwords: Two offences of dishonestly obtain property by deception; numerous fraudulent transactions as financial controller for two employers; aggregate sentence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: CDPP v Poniatowska [2011] HCA 43 CDPP v De La Rosa [2010] NSWCCA 194 Cayahdi v R [2007] NSWCCA 1; 168 A Crim R 41 R v Fangaloka [2019] NSWCCA 173 R v Pullen [2018] NSWCCA 264 R v Todd (1982) NSWLR 517 Category: Sentence Parties: Director of Public Prosecutions (Crown) Allison Egar (Offender) Representation: Counsel: D McMahon (Offender)

Solicitors: L Wiggins (Crown) File Number(s): 18/15980018/159889 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of two offences pursuant to s 192E(1)(a) of the Crimes Act 1900. The maximum penalty in respect of each offence is 10 years imprisonment and there is no Standard Non-Parole Period proscribed. 2. The offences constitute dishonestly obtain property by deception, and relate to two periods of employment of the offender by two different employers. The first employer was a Dr Govan and the offending took place between 1 October 2013 and 20 October 2015. The second employer was Affirmation Publishing House ("Affirmations") and the offending in that case took place between 16 December 2016 and 22 September 2017. 3. The offender, who was born in May 1974, was arrested on 22 May 2018 and was committed for sentence on 26 March 2019.