Joined: 27/February/2012
Location: Australia
Posts: 12
QuoteReplyTopic: Sentenced NOW On Bail Posted: 14/May/2012 at 12:54
Got charged with Obtain Money By Deception for $600, pleaded Not Guilty, found Guilty then sentenced to 6 months full time jail. Did 3 weeks inside then granted appeals bail, solicitor reckons im lucky. Appeal date is 30/07 in District Court, am I able to get a lesser sentence like an ICO or Home Detention? Whats the maximum I can get for this charge?
Just to clarify, which State and how long ago was the offence committed, or more pertinently what was the exact wording of the charge. I ask because you may have been falsely charged. As an aside, some clarity on your record, no specifics, would be useful.
Gee that's not a good look. Any contrition on your part? Any mitigating circumstances at all or did you just think you could get away with it?
Whew not a good scenario. Please devise a plan to repay this misappropriated money and invent or perfect a plausible excuse. Sorry but I do not trust you given the above and do not think you are serious about paying for your conduct. Thank goodness I am not a judge. Please get real and sorry if my personal opinion which you invited is not to your liking but you get that on internet forums I guess as everyone knows or should know. Harsh But frankly I'm over being a victim of people who really didn't mean to hurt me when they really did intend that outcome and went whimpering to the courts with their sad excuses. Man up and face the consequences of your actions. Goodbye from me.
Paid it all back, 2008 and 2012 I plead not guilty but didnt want my mates involved so paid back money anyways to clear my name. Lucky you aint a judge iconoclast or else you would give out ridiculous sentences like this sad old grey haired judge did to me. 6 months jail for $600 when you hear people being ripped off for a million dollars getting 12 months with 6 months parole. I lost my job I was with for 3 years because the judge didnt take into account any of my submissions or references. The judge had a bad day they say, thats a big problem I say. Maybe you should spend a night in jail being locked up for 17 hours a day and see if you would judge me the same!!
Interesting, it was my understanding that the old charge of Obtaining Money by Deception under Section 178BA of the Crimes Act was repealed and not available for offences committed after Feb 2010. So this is worth checking. The sentence does seem excessive for the amount but that is not always the basis of the sentence. Your record would have played a part, but still. New offences of this type would now most likely be prosecuted under Section 192D Obtaining financial advantage or causing financial disadvantage. Bad news here is that it comes with up to 10 years. However, as to you query, have your solicitor do some research and see what he can find out.
The judge had a bad day they say, thats a big problem I say!
Possibly, but you unsuccessfully defended your matter which does not give you a plea discount, if you gave evidence he did not accept it and when he found against you he received your criminal history which appears to indicate a serial fraudster. That scenario does not tend to make magistrates and judges particularly amenable.
What did your referees say? Because in cases like yours, referees who wax lyrical about the defendant's honesty, trustworthiness and regard for the property of others can't hope to achieve much.
Everyone but the judge agreed on the day that 6 months was harsh, I appealed it and got appeals bail without any arguments from the DC Judge. Why the difference between what the judges then if you say what you posted?
Gee countryguy you would have been very lucky indeed if I had been the judge because I will always listen and give the benefit of the doubt. Methinks your problem may be a lack of any contrition and a denial of the impact of your conduct on others.
Suggest that you "pitch" how very sorry and reformed you now are and that the 3 weeks in jail made you realise the seriousness of what you've done. Good luck
You said your own lawyer told you you were lucky to get bail.
The DC judge was deciding the question of bail, not whether the sentence was too severe. That is yet to come, and if you weren't concerned about that you would not have started this thread.
I can't answer the question in the last sentence of your last post because it doesn't make sense.
Did you solicitor ask the Magistrate for an ICO assessment and/or home detention assessment when you were sentenced? That's the point at which it is normally done.
Adjournment of District Court severity appeals are rarely there for the asking - there has to be a good reason.
You asked about the maximum. If an appellate court is considering increasing the sentence appealed against, the Appellant must be given what is known as a "Parker Warning", which means that the Appellant must be told what the appellate court is considering and be given the opportunity to withdraw the appeal and accept the original sentence before the appellate court decides the matter.
That means that you can't be any worse off unless you receive a Parker warning and proceed with your appeal regardless.
Yes for an ICO but parole didnt have time to do assessment because they couldnt get in to see my partner hence my partner couldnt sign paperwork. My solicitor is finding out if parole will do it now or maybe ask at the appeal if its possible
Sorry CG - I want to get this right...
1. Your lawyer requested the Magistrate to order an ICO report?
2. The Magistrate did (so far so good because it is discretionary)and adjourned the matter for sentence so the report could be completed?
3. The report was not able to be completed through no fault of your own?
4. The Magistrate proceeded to sentence you without the report instead of adjourning the matter until such time as it could be ready? and
5. You've not made any mention of that until your last post!!!
Is that the case or is there something else you haven't told us?
Also, what was the reason that P & P needed to see your partner, why was it that they couldn't "get in" (?) to see her and what was it she needed to sign? Was the report to cover an ICO, Home Detention or both?
All of a sudden this situation sounds irregular. Also, why is the hearing date for an appeal against severity so far away?
yep, P&P said partner lives in same house so all parties in the home had to be informed and partner to sign consent form as well. Because this was done as P&P couldnt do it the assessment was deemed "Not Suitable". The solicitor wants to get another assessment done as partner was willing to sign but P&P just didnt do there job.
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