The appellant appealed a fraud conviction and an 18-month custodial sentence arising from an undisclosed conflict of interest.
The court held that the jury instruction on deprivation was correct and consistent with governing fraud authorities, so the conviction appeal failed.
On sentence, the court declined to substitute a conditional sentence, emphasizing the amount involved, the prolonged conduct, and the breach of trust.
However, the court found inadequate recognition of sentencing disparity with the co-accused and reduced the custodial term to 9 months.
