- No extra jail time for thieving lawyer
- The Herald Sun
- 03/03/2009 Make a Comment
- Contributed by: The Rooster ( 258 articles in 2009 )
A PROSECUTION bid to increase the jail term given to a lawyer who stole $100,000 from a dead woman's estate has failed.
George Bourozikas, 50, made out two cheques of $50,000 each to himself from a trust account containing the woman's estate, using the money to pay debts and fund a holiday to Greece.
The thefts, in 2006, were exposed during a routine audit.
The Victorian Supreme Court last year jailed the Melbourne solicitor for six months after he pleaded guilty to a charge of having a deficiency in his trust account and three counts of theft.
He received an 18-month jail term, but 12 months were suspended.
The Director of Public Prosecutions (DPP) appealed his jail term, arguing it was manifestly inadequate.
Bourozikas admitted to fraud squad officers he had acted dishonestly because he was under financial pressure.
He used the money to pay credit card debt, school fees and a holiday to Greece.
Bourozikas wrote to detectives in March last year, telling them he intended to plead guilty to the theft.
But a week later he withdrew more than $43,000 from a couple's account and used it to pay a debt to the Australian Taxation Office.
He was facing bankruptcy at the time.
Today, Court of Appeal justices Frank Vincent, Geoffrey Nettle and Peter Vickery dismissed the DPP appeal on several grounds.
They said in their judgment the Crown had submitted a partially suspended sentence was an appropriate penalty and such sentences were less than three years.
They said Bourozikas only had three months left to serve and courts were hesitant to extend jail terms for individuals when they had little time left to serve.
The judges also said they were hesitant to increase Bourozikas' sentence because his son was unwell and he was needed to help care for him.
George Bourozikas, 50, made out two cheques of $50,000 each to himself from a trust account containing the woman's estate, using the money to pay debts and fund a holiday to Greece.
The thefts, in 2006, were exposed during a routine audit.
The Victorian Supreme Court last year jailed the Melbourne solicitor for six months after he pleaded guilty to a charge of having a deficiency in his trust account and three counts of theft.
He received an 18-month jail term, but 12 months were suspended.
The Director of Public Prosecutions (DPP) appealed his jail term, arguing it was manifestly inadequate.
Bourozikas admitted to fraud squad officers he had acted dishonestly because he was under financial pressure.
He used the money to pay credit card debt, school fees and a holiday to Greece.
Bourozikas wrote to detectives in March last year, telling them he intended to plead guilty to the theft.
But a week later he withdrew more than $43,000 from a couple's account and used it to pay a debt to the Australian Taxation Office.
He was facing bankruptcy at the time.
Today, Court of Appeal justices Frank Vincent, Geoffrey Nettle and Peter Vickery dismissed the DPP appeal on several grounds.
They said in their judgment the Crown had submitted a partially suspended sentence was an appropriate penalty and such sentences were less than three years.
They said Bourozikas only had three months left to serve and courts were hesitant to extend jail terms for individuals when they had little time left to serve.
The judges also said they were hesitant to increase Bourozikas' sentence because his son was unwell and he was needed to help care for him.
Source: https://www.news.com.au/heraldsun/story/0,21985,25132927-5005961,00.html
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