Fusimalohi had committed a series of burglaries of residential premises and associated thefts over a number of months. He entered pleas of guilty to all matters. He was sentenced to a total of seven years four months imprisonment with a non parole period of five years. He appealed against the sentence. The Court of Appeal unanimously dismissed his appeal. Justices Burns and Lander in a joint judgment noted:
None of these cases suggest that the sentences imposed upon the appellant, either individually or in aggregate, are manifestly excessive. These cases simply underline the proposition that there is no single, correct sentence for offences of burglary and aggravated burglary. There will always be a range of sentences that may legitimately be imposed for any particular offence of this type, taking into account the characteristics of the offence and the offender. The fact that other offenders have received more lenient sentences than the appellant for similar offences does not mean that the sentences imposed on the appellant are manifestly excessive.
Merrilees
This case is a reminder of the seriousness with which the courts view offences which undermine our justice system. What might seem like a favour for a mate is in fact a very serious offence. Gregory Merrilees was charged with committing aggravated perjury (that is perjury with the intent of procuring someone else’s conviction or acquittal). Merrilees was a witness called by a defendant, Marco Zanatta, in a Magistrates Court hearing in 2010. Zanatta was charged with a drink driving offence and driving while disqualified. Zanatta pleaded not guilty and at the hearing denied he was the driver, giving evidence that Merrilees was the driver. Merrilees also gave evidence at the Magistrates Court hearing stating that he was the driver, not Zanatta. Zanatta was convicted of the two driving offences and, in the course of having a pre sentence report prepared, indicated to the probation officer that he had in fact been driving.
Merrilees was found guilty on a charge of aggravated perjury following a judge alone trial. In sentencing Merrilees, the Chief Justice observed:
It is a crime which strikes at the system of justice in this country and therefore is deserving of, and will be visited with, a period of imprisonment.
The maximum penalty for aggravated perjury is 14 years imprisonment. Merrilees was sentenced to two years imprisonment for the perjury offence and a further year was added for other offences. He was ordered to serve nine months of that sentence by way of full time imprisonment, and a further nine months by way of periodic detention with the remainder of the sentence suspended. This reflects current sentencing practice in Australian jurisdictions. It is rare indeed that a person convicted of such an offence will escape a full time custodial sentence. Merrilees has lodged appeals against conviction and sentence.
Wheeler
Between December 2009 and March 2012, Simon Wheeler a senior employee of ACTTAB Limited, working as the executive manager for wagering and sports betting, stole a total of $517,284.74. Using five legitimate businesses that had prior dealings with ACTTAB, Wheeler created bogus invoices purportedly from these businesses, and from ACTTAB funds, paid the invoices and credited the money into three separate bank accounts that he controlled.
The fraud was detected when one of the businesses questioned correspondence relating to one of the bogus invoices. When confronted, Wheeler admitted his wrong doing. He was charged with 107 separate charges and pleaded guilty in the Supreme Court. He was convicted and sentenced to a total of five years imprisonment, to be served by way of 12 months full time| |
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| 30 ¦ | DIRECTOR OF PUBLIC PROSECUTIONS ANNUAL REPORT 2012-2013 | |||
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