SALIENT FACTS
1. As is usual in the Local Court the facts were presented in the form of a Fact Sheet which was handed up without objection or caveat. I will proceed to sentence on this basis. The Court also received a lengthy Bail Report and I will have more to say about its content later in these Remarks.
2. The offender is a single man residing in Young, New South Wales. He receives a disability pension and it is said he has a significant gambling addiction. Over the past 15 months NSW police have been conducting investigations into a large number of fraud offences that are alleged to have been committed by the offender across Australia over a period of two years. That said, I wish to make it perfectly clear that I am only dealing with the charges before this Court and not with alleged activities from somewhere else not further particularised.
3. Identified throughout the investigation was a particular modus operandi used by the offender. He obtained a pre-paid SIM card, registered it in a fictitious name and then he conducted searches via the Internet of townships across Australia for small businesses such as bakeries, coffee shops, butcher shops and hotels. He would call up to 20 such businesses within the town purporting to have electrical, phone and computer goods for sale from his relative's business that was liquidating and offer these goods for sale to the staff at greatly discounted prices.
4. Prospective buyers agreed to purchase some of the goods. In turn, they were requested by the offender to put a deposit into one of his 14 bank accounts by a certain time, usually within the hour. Once the deposit was made, the offender went to an automated teller machine ("ATM") near his location and withdrew the deposited funds. The goods were never delivered and the offender disposed of the mobile SIM card to prevent contact.
5. I turn now to summarise the facts of the individual charges.
6. Sequence 1. About midday on 8 June 2011 the offender, using a pre-paid mobile number, called the Lakeside Takeaway, 20 Wombat Street, Forbes, and spoke with Michelle Turner. She agreed to purchase a television, two laptop computers, a video camera, washing machine, three iPhones and three iPads for a total of $2,500. The offender requested a deposit of $250 to be paid into a nominated account at Central West Credit Union which was done. The goods were never delivered. Bank records indicate that a short time after the deposit was made the offender withdrew it from an ATM in Yass. At the same business, the offender spoke to Danielle Turner who agreed to purchase two televisions, four iPhones and a Nokia mobile phone for a total cost of $2,200. Two separates deposits totalling $650 were made into the nominated account. The goods were never delivered. A short time after the deposit was made the offender withdrew it from an ATM in Yass.
7. Sequence 2. On 13 January 2013 the offender, using a pre-paid mobile number, called the Corner Café and Bakehouse, Freeman Drive, Cooranbong and spoke with Iain McAuley. He agreed to purchase four televisions at a cost of $2,400. On 14 January 2013 the offender again called the Corner Café and Bakehouse and requested a deposit of $1,200 to be deposited into a nominated Westpac Bank Account which was done. The goods were never delivered. Bank records indicate the offender withdrew this deposit a short time later.
8. Sequence 3. On 31 January 2013, using a pre-paid mobile number, the offender called Joe's Meats Butchery in Westfield, Kotara. Using the same modus operandi he spoke with Dylan James who agreed to purchase electrical goods. An agreed deposit of $200 was paid into a nominated Westpac Bank Account. The goods were never delivered. A short time later the deposit was withdrawn from the ATM in Young.
9. Sequence 4. On 1 March 2013 Daniel Schmidt was referred to the offender by a friend (one of several unidentified victims) as he had discounted electrical and computer goods for sale. Mr Schmidt was provided with a mobile phone number and he phoned, speaking with a male that identified himself as 'Michael'. After being advised of the type of electrical and computer goods the offender had for sale, Mr Schmidt phoned several relatives and put together a list of items he wished to purchase on his behalf and that of his family. He agreed to purchase three televisions, three iPads, three Dyson vacuum cleaners and two iPhones for a total of $3,400. The offender requested that amount to be paid into his nominated account at Bendigo Bank which was done. The goods were never delivered. Bank records show that a short time later the deposit was withdrawn from the account.
10. Sequence 5. On 1 March 2013, Mr Ian Skillen arrived at work at the Calwell Butchery, Calwell Shopping Centre, Calwell, ACT where he was advised by a colleague that a man called 'Michael' was selling discounted electrical goods. Mr Skillen phoned 'Michael' on his mobile phone. Mr Skillen agreed to purchase two washing machines, a clothes dryer, three laptop computers, seven iPhones and a television. The offender requested a deposit of $600 be lodged into his nominated Bendigo Bank Account which was done. The goods were never delivered. A short time after the deposit was made it was withdrawn.
11. Sequence 6. On 17 March 2013 the offender using a pre-paid mobile number, rang Ken's Kepnock Butchers, 87A Elliott Heads Road, Kepnock, QLD and spoke with Mr Kenneth Barritt. Mr Barritt agreed to purchase $15,000 worth of goods consisting of televisions, iPads and iPhones. The offender requested a deposit of $2,000 be paid into his Bendigo Bank Account which was done. The goods were never delivered. Bank records indicate that $1,000 of that deposit was withdrawn immediately after deposit from an ATM in Boorowa and $990 withdrawn from an ATM in Young the next day.
12. Sequence 7. On 2 April 2013 the offender rang the Kincumber Computer Store, 74 Hastings Road, Kincumber and spoke to Narelle Villa. She agreed to purchase several televisions and iPads for a total of $10,000. The offender requested a deposit of $2,000 be paid into his account at Bendigo Bank which was done. The goods were never delivered. Bank records indicate that $1,000 was withdrawn immediately after deposit from an ATM in Young and the remaining $1,000 was withdrawn from the same location the next day.
13. Sequence 8. On 8 April 2013, using a pre-paid mobile, the offender rang the Akwa Surf Shop, Shop 1, Princes Highway, Milton, and spoke with Alexandra King. She agreed to purchase some electrical items. The offender requested a deposit of $1,000.00 be paid as soon as possible into his account at Bendigo Bank which was done. The goods were never received. The deposit was withdrawn immediately afterwards from an ATM in Young.
14. Sequence 9. On 8 April 2013 Ms Ann Westgate was advised by another party of a person selling discounted electrical and computer goods. She was provided with a mobile phone number and contacted a male person who identified himself as 'Michael Walsh'. She agreed to purchase some electrical and computer goods to the value of $2,900. The offender requested a deposit of $1,000 be paid into his account at Bendigo Bank as soon as possible which was done. The goods were never received at the expected delivery time whereupon Ms Westgate made contact with her bank and found her deposit had not yet been withdrawn from the offender's account. She was able to receive her deposit back.
15. Sequence 10. On 12 April 2013 using a pre-paid mobile number, the offender, using the same modus operandi, rang The Shed on Lachlan, 113 High Street, Hillston and spoke to Bruna Crowe. She agreed to purchase a television, freezer, two door refrigerator and a laptop at a total cost of $1,900. The offender requested a deposit of $600 be paid into his account at Bendigo Bank as soon as possible which was done. The goods were never received. The money was withdrawn immediately after deposit from an ATM in Young.
16. Sequence 11. On 21 May 2013, using a pre-paid mobile number and the same modus operandi, the offender rang Charlton Timber and Hardware, 8 Mildura Way, Charlton, VIC and spoke to Mr Darren Good. He agreed to purchase six televisions, four iPads and a couple of iPhones for a cost of $5,000. The offender requested a deposit of $1,000 be paid into his account at Bendigo Bank as soon as possible which was done. The goods were never received. Bank records for the offender indicate that $960 was withdrawn immediately after deposit from an ATM in Young.
17. Sequence 12. On 2 July 2013, using a pre-paid mobile number, the offender phoned Churchill Tattoo Shop, 27 Churchill Street, Childers, QLD and spoke to Mr Warren Smith. He agreed to purchase two Toshiba laptops at a cost of $800. The offender requested a deposit of $500 to be paid as soon as possible into his account at Wide Bay Bank in the name of 'Jamie Light', the birth name of the offender, which was done. The goods were never received. Bank records indicate that $490 of the $500 was withdrawn immediately after deposit from an ATM in Harden, a small town near Young.
18. Sequence 13. On 3 July 2013, using a pre-paid mobile number, the offender rang the True Blue Motor Inn, 1012 Yamba Drive, North Rockhampton, QLD and spoke with Ms Toni Preston. She agreed to purchase a larger screen television and other electrical items for her staff. The offender requested a deposit of $300 be paid as soon as possible into his account at Wide Bay Bank in the name of 'Jamie Light'. The offender was insistent that this deposit be done immediately and Ms Preston attended the branch of Wide Bay Bank in person to make the deposit. The goods were never received. Bank records indicate that the $300 was withdrawn immediately after deposit from an ATM located at the Caltex Service Station, Wagga Wagga.
19. Sequence 14. On 5 July 2013, using a pre-paid mobile number, the offender rang The Ambassador Hotel, 2 Sydney Street, Mackay, QLD. He spoke with a staff member who declined his offer but provided him with a phone number for her employer who may be interested. The offender then phoned Ms Mary-Ann Refalo who agreed to purchase a television, refrigerator, freezer and a MacBook Pro laptop at a cost of $2,000. The offender requested a deposit of $300 and insisted it be paid into his account at Wide Bay Bank as soon as possible. Ms Refalo went personally to the bank to make the deposit. The goods were never received. The money was withdrawn immediately after deposit from an ATM located at the Caltex Service Station, Wagga Wagga.
20. Sequence 15. On 7 July 2013, using a pre-paid mobile number, the offender rang the Bargara Bakery and Coffee Shop, Cnr. Davison and Bargara Street, Bargara, QLD. He spoke with a staff member who declined his offer but the staff member provided Ms Christine Stefanides with the offender's mobile number as she was interested in purchasing some goods. She phoned the number and spoke to the offender who identified himself as 'Jamie Light'. Ms Stefanides agreed to purchase four refrigerators, three washing machines, a laptop computer, a Samsung Galaxy mobile phone and several iPhones. The offender requested a deposit of $1,000 be paid as soon as possible into his account at Wide Bay Bank which was done. The goods were never received. Bank records indicate that $990 of the $1,000 paid was withdrawn within one minute of the deposit from an ATM in Young.
21. At this time, and unknown to the offender, he was the subject of extensive investigations by police for these fraud matters and was being monitored through his mobile phone and bank account usage. His Wide Bay Bank account was in fact frozen by the bank due to the investigation by police.
22. Sequence 16. On 5 August 2013, using a pre-paid mobile number, the offender rang Kaffiend Coffee Shop, Robina Town Centre, Robina, QLD and spoke to Ms Jennifer Gillard. She agreed to purchase a laptop at a cost of $500. The offender requested a deposit of $250 be paid as soon as possible into his Wide Bay Bank account in the name of 'Jamie Light' which was done. Due to his insistence that the money be paid quickly, Ms Gillard had her husband attend the branch of Wide Bay Bank next door to the Coffee Shop to make the deposit. The goods were never received. Bank records indicate that the offender attempted to withdraw the money using an ATM in Young, however, the transaction was declined.
23. Using the same pre-paid mobile number, the offender phoned the Robina Branch of the Wide Bay Bank where he was informed that his account was frozen due to the investigation being conducted by police. He was provided with the Officer-in-Charge's ("OIC") name and station by the Bank. He then contacted Goulburn Police Station in an attempt to speak with the OIC but to no avail. With breath-taking audacity, using the same pre-paid mobile number, the offender re-contacted the Robina Branch of Wide Bay Bank, this time purporting to be 'Detective Troy Miller from Surry Hills Police Station' and advising the teller that the NSW investigation had been 'sorted out' and that he authorised the release of the funds in the frozen account. With some perspicacity the teller recognised the voice of the offender as the same caller who had initially phoned the branch to inquire about the account. The teller challenged the validity of the call whereupon the offender terminated it.
24. There is no NSW police officer by the name of 'Troy Miller'. The funds deposited into the offender's account at Wide Bay Bank have now been returned to Ms Gillard.
25. The Facts Sheet recites that at the time of these offences, the offender had been actively avoiding police and was wanted on 12 outstanding arrest warrants in NSW, and arrest warrants in QLD and the ACT - all for fraud matters of the same nature. Through the use of electronic surveillance, the offender was identified as being in his hometown of Young. On 15 August 2013, police executed two search warrants at the residence of the offender's brother and parents where he was located and arrested. He was charged by virtue of the arrest warrants and was sentenced to terms of imprisonment at Wagga Wagga Local Court on 25 September 2013, the non-parole period of which concluded on 14 August 2014.
26. The Facts Sheet also recites that further investigations were conducted into the present charges and from bank records obtained from Westpac Bank, Bendigo Bank, National Australia Bank and Wide Bay Bank, it is asserted that the offences for which the offender is presently before the Court appear to be in the minority with upwards of 50 deposits of the same nature and amounts being made by people who are unable to be identified. It is asserted that in one two-month period between September 2011 and October 2011 there were 14 deposits into the offender's Westpac Bank Account totalling $10,700 and in January 2013 there were 10 deposits into the same account totalling $3,700. Between 2 and 5 July 2013 there were 10 deposits into the offender's Wide Bay Bank account totalling $6,600.
27. The Facts Sheet recites that the offender does not work. He is in receipt of a disability pension which is paid into another bank account on a fortnightly basis. In light of the further materials gathered, investigating police are of the opinion that given the large volume of deposits and withdrawals occurring in each specific bank account around the same times and dates of the present charges before the Court, there is an irresistible inference to be drawn that all are deposits fraudulently obtained using the offender's modus operandi over a number of years.
28. Quite obviously the offender is not to be punished for uncharged acts alleged, however, the relevance of the preceding paragraphs at [29] and [30] is strongly suggestive of a wider course of similar fraudulent conduct and that the present charges should not just be viewed in isolation. Then, there are his antecedents.