Mark Anthony Chalker receives Goulburn Local Court sentence on fraud charges

Mark Anthony Chalker, 56, now of Goulburn, was also ordered to pay $100,000 compensation to his employer, when he appeared in Local Court on Wednesday (April 19).

His barrister, Siobhain Climo, immediately lodged an appeal against the prison sentence, which carried a non-parole period of 12 months. This will be heard in Goulburn District Court in May.

Magistrate Geraldine Beattie said the charges were serious and represented "a significant breach of trust."

Chalker pleaded guilty in Goulburn Local Court in February, 2023 to five counts of dishonestly obtaining financial advantage by deception. He was charged in February, 2022 following an extensive police investigation.

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The court heard Chalker, a farm manager, had sold almost 70 cattle and 1270 head of sheep in five transactions from 2015 to 2018 and diverted $370,000 in proceeds that should have gone to his employer, into his own or "associates' bank accounts."

He had been employed since 1997 to manage properties near Bigga and Forbes on behalf of the owner, who mostly lived overseas for the duration of Chalker's employment up until 2018.

Magistrate Beattie said the most serious offence occurred in 2016 when $145,879 from sale of sheep from one of his employer's Bigga property was fraudulently diverted to Chalker's bank account.

In the same year, she said Chalker diverted $134,219 to the same account from sale of 690 head of sheep, when it should have gone to the owner.

The magistrate agreed with Ms Climo that the fraud was "unsophisticated", that the money went to Chalker himself or relatives, not other entities, and was able to be traced by authorities.

"It's a deliberate course of action over a period of time. He did it again in 2018 and the offending only ceased when he left his employment," Magistrate Beattie said.

"The owner was overseas and had employed him to manage his properties. (Chalker) then used that opportunity to siphon off funds for himself and that's a significant breach of trust."

After resigning in 2018, Chalker moved to Western Australia where he worked as a truck driver.

Police prosecutor, Alex Borg argued the accused had abused a position of trust. He sought to tender a letter from the owner, detailing the personal "harm."

Magistrate Geraldine Beattie disallowed this following extensive argument between legal representatives. She said the contents would not "take the (matter) further" and it would not be "just" to consider it in sentencing.

Ms Climo said her client was remorseful and had offered $400,000 in compensation in separate Queensland Supreme Court civil proceedings brought by the owner. This amount had been rejected and the matter was ongoing.

"It's a genuine attempt by the offender to put his employer back into the position he was in...(Chalker) recognised the significant harm done so much so that he made that offer," she said.

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The barrister tendered a psychiatrist's report concluding that Chalker had suffered long-term depression from the time of his late wife's illness and subsequent death (in 2010). Ms Climo argued this had also influenced his decision making in regard to the offences.

She said Chalker had no prior convictions, had performed his farm management job without "issue" up until 2015, was of good character, was well regarded by his recent employer and had strong community and family ties.

Ms Climo said Chalker was at "low risk" of reoffending and said if jailed, would not receive the mental health treatment he wanted. She asked for an intensive corrections order with home detention and electronic monitoring. If granted bail, Chalker could also reside with his daughter and her family.

But Magistrate Beattie said she didn't believe such an order was sufficient deterrent. Moreover, she told the court Chalker had time since 2018 to address his mental health but had not done so yet. She rejected arguments that Chalker's depression had "materially" contributed to his offending.

In addition, the accused had also only lodged a "late" guilty plea in February, 2023 after the case had been running for 12 months, Magistrate Beattie said.

"Given the seriousness, the amount involved ... and the breach of trust, it's my view that full-time custody is appropriate," she said.

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Magistrate Beattie said the offences were at the "mid-range." She attached a 15 per cent discount for the guilty pleas and sentenced Chalker to three years' prison with a non-parole period of 12 months. His earliest release is April 19, 2024. He was also ordered to pay $100,000 compensation to the owner.

Chalker bowed his head as Corrective Services officers removed him from the dock.

Ms Climo immediately lodged a bail application which was heard late Wednesday. She argued Chalker had no record of failure to appear, had been on bail throughout the proceedings and it could be "reasonably argued" at his upcoming District Court appeal that his sentence could be served via an intensive corrections order.

Magistrate Beattie disagreed with this argument and said only a short remand period applied before the May appeal. She rejected the bail application.

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