HIGGINS , Graham Patrick - CCA,
Tobias JA, Grove & Bell JJ
Citation: R v Higgins  NSWCCA 326
Fraudulently omit to account ( Crimes Act 1900).
3y with a NPP of 1y 9m (special circumstances found).
The respondent was a manager employed by the Commonwealth Bank. An elderly female customer, who had come into a sum of money, gave him a cheque for $73,000 to invest on her behalf. The respondent did not in fact invest the money & did not account for the money. The elderly customer subsequently died & the matter came to light when the executor of her will discovered a receipt for the funds. When the respondent was charged with the above offence, the bank dismissed him.
Whether error in declining to find breach of trust was an aggravating feature under (2)(k) Crimes (Sentencing Procedure) Act 1999 - whether error in giving too much weight to good character - whether error in not giving weight to general deterrence - whether error in finding special circumstances - whether sentence manifestly inadequate.