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DPP v Pakoti [2022] VCC 271

The offender was sentenced following a plea of guilty to 1 count of dishonestly using the position of director with an intention of gaining an advantage contrary to s 184(2) of the Corporations Act 2001 (Cth).

Nature and Circumstances: Offending is serious as it arose through the offender’s position of trust and responsibility and involved a significant amount of money, $619,897.71, being transferred to the offender’s personal account. Offending occurred over 20 months and involved 175 transactions. Offending’s level of sophistication was low, however it was a prolonged and repeated course of conduct.

Guilty Plea: Plea of guilty provides some evidence of contrition and has utilitarian value as an early plea during the current COVID-19 pandemic, warranting a very significant reduction in sentence.

Rehabilitation: A very significant period of 10 years has passed since the end of the offending period. Offender’s prospect of rehabilitation must be seen as excellent from their conduct during this period. To some extent, offender has gone beyond the mere prospect of rehabilitation and demonstrated actual rehabilitation. Offender’s conduct since offending is given considerable weight.

Offender sentenced to 11 months imprisonment, to be released immediately on recognisance with a good behaviour bond of 3 years.
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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