The appellant, Denise Henn, appealed a 12-month custodial sentence for fraud over $45,000.
The Court of Appeal found two errors in principle by the sentencing judge: erroneously treating lack of restitution as an aggravating factor and failing to consider relevant mitigating factors (diagnosed mental health issues and financial distress, not greed, as the cause of the fraud).
The appeal was allowed, and a conditional sentence of two years less a day with house arrest and a standalone restitution order was imposed, followed by three years' probation.
The Court also found a fine in lieu of forfeiture inappropriate.
