Former Taralga man, Mark Anthony Chalker, appeals fraud sentence in Goulburn court

Mark Anthony Chalker, 57, appeared in Goulburn District Court on Tuesday, June 13. Barrister Murugan Thangaraj appealed the 'severity' of a three-year jail sentence, with 12 months' non-parole, handed to Chalker by Goulburn Local Court on April 19, 2023.

READ MORE:

Goulburn District Court sets date for Mark Anthony Chalker's sentence appeal

Mark Anthony Chalker receives Goulburn Local Court sentence on fraud charges

On May 3, the NSW Supreme Court granted Chalker bail until his severity appeal was heard.

Chalker, a farm manager, had pleaded guilty to four counts of dishonestly obtaining benefit by deception. The court heard he had sold almost 70 cattle and 1270 head of sheep in five transactions from 2015 to 2018 and diverted more than $370,000 in proceeds that should have gone to his employer, into his own or "associates' bank accounts."

An overseas based owner had employed Chalker to manage properties near Bigga and Forbes.

Police charged the accused in February, 2022.

In District Court on Tuesday, Judge Julia Baly said Chalker was "highly unlikely" to re-offend and had "excellent" prospects of rehabilitation.

Her comments came after crown prosecutor Madelyn Hayes argued the custodial sentence should be upheld.

"It is a very serious offence which involved planning and was brazen," she said.

Ms Hayes told the court the offences involved a large sum of money - $444,000 in total - and were "not isolated." She said Chalker had full control over the farms' operation and stock sales and the fraud was "a gross abuse of trust."

ALSO READ: Artists draw on wide inspiration for popular annual show

Ms Hayes said no money had been repaid to the owner at this point. Further, the $444,000 that he promised to repay the owner represented funds frozen on a property jointly owned by both parties.

"We say the objective seriousness of the offences warrants a custodial sentence (in the interests of) denunciation and deterrence," Ms Hayes said.

Under questioning from Judge Baly, Ms Hayes conceded that an intensive corrections order was "within the range" of sentencing options but asked for the custodial term to be confirmed.

Mr Thangaraj tendered references and a psychologist's report for Mr Chalker to the court.

He said his client had no prior convictions, was of good character and was remorseful for his actions. He said steps could be taken to release compensation funds to the farm's owner.

"From our position, (the money) has been repaid," he said.

ALSO READ: 'Unfamiliar country road' and runaway roo contribute to crashes

In weighing up sentence, Judge Baly said the sum involved was large and represented "considerable loss to the owner."

"The Crown has pointed out it was a serious breach of trust and it's a factor that carries considerable weight," she said.

"...It is highly likely his only offence and the defendant is otherwise a person of impeccable character...I find it to be very out of character and (Chalker) is entitled to to be extended leniency on account of this."

The judge said the offences occurred in a context of "overwork" and "seeming under-appreciation" by his employer. In addition, Chalker had also been struggling with grief following the (2010) death of his wife.

She told the court a psychologist's report confirmed Chalker had been suffering mental health conditions, including depression. Judge Baly said she accepted that due to this "causal connection" with Chalker's offending, his "moral culpability" was reduced.

"I also find that that a custodial sentence would be experienced harshly because of his depression," Judge Baly said.

"The defendant has largely addressed his mental health, is working and has demonstrated remorse...and deep feelings of shame."

ALSO READ: "If we give a little, we can help a lot": James recognised for service

She said Chalker had placed money in trust to repay the victim, was "highly unlikely to re-offend", was "highly regarded in the community" and had the support of his family, who were in the court.

Judge Baly said while weight had to be given to denunciation and ongoing rehabilitation, Chalker's risk of reoffence was "much better addressed in the community" rather than in prison.

She upheld the appeal and quashed the Local Court's sentence, given the two weeks Chalker had already spent in jail.

Judge Baly imposed an aggregate sentence of two years, 11 months to be served by way of an intensive corrections order. She attached further conditions that trust funds be released "as soon as practicable" to the properties' owner and that Chalker continue to address his mental health "for as long as necessary."

Members of Chalker's family cried in the public gallery as the judgement was handed down.

Our journalists work hard to provide local, up-to-date news to the community. This is how you can access our trusted content: