Key Words: Dishonestly obtain property by deception (fraud), Section 192E Crimes Act 1900 – Section 32 Mental Health (Criminal Procedure) Act 1990 – plea of guilty – good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999 – partial compensation order
RNJ was charged with dishonestly obtaining property following a pattern of behaviour where he would order products from TV infomercials, have them delivered to his house, and then cancel the credit card and phone number that he supplied to the company. RNJ would then sell the property online, using his sister’s house as the pick-up point. This racket continued for a year, by which time RNJ had obtained approximately $177K worth of kitchenware, vacuum cleaners and exercise equipment.
RNJ instructed the defence to plead guilty to the charge.
The defence pleaded guilty to the charge, and applied to have the sentence dealt by way of s 32 of the Mental Health (Criminal Procedure) Act. The application was successful. The sentence handed down to RNJ was a three year good behaviour bond, and a partial compensation order was also made.