A former Riverina pub employee who admitted to swindling cash that was supposed to be raffle prize money or go to charity has been found guilty of the crime but escaped conviction.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Jeffrey John Horne was sentenced in Wagga Local Court on Monday after being charged with four counts of dishonestly obtaining financial advantage by deception.
Horne transferred $1200 from a joint account, set up to house the proceeds of a charity Joker Poker raffle, into his own account after his employment at Junee's Commercial Hotel was terminated in March last year.
The 51-year-old, of Junee, was the hotel's bar manager for five years and helped run the weekly Junee Fire Brigade Social Club-led raffle.
Police facts said Horne and a social club member had opened an account for the raffle's proceeds to be deposited into.
The money belonged to the social club and was to either pay out a winner or go to charities.
Horne's involvement with the raffle ended when his job was terminated.
A check of the bank account by the social club representative later found a total of $1200 had been transferred from it on four occasions and the matter was reported to police.
Police obtained Horne's bank records, which showed the money was deposited into his account on each occasion. The money was then transferred to other accounts or withdrawn at ATMs.
Horne was interviewed in April and admitted to taking the money. Police said Horne believed the hotel owed him $1200 and "he thought he'd take it from that account as he had access", despite knowing he had no legal right to the money.
IN OTHER NEWS:
Horne initially represented himself when the matter was first mentioned in court on July 29. On that occasion, he told the court he was guilty of taking the money but not by deception because he had made an agreement with a manager.
Horne sought legal advice and pleaded guilty. He was represented yesterday.
During sentencing submissions, police prosecutor Priscilla Jones asked Magistrate Christopher Halburd to record a conviction.
Sergeant Jones said Horne was in a position of trust and there was a "degree of planning" involved in taking the money.
Magistrate Halburd described the case as a "very unusual example" of the offending, which the court heard was akin to a civil dispute, but said the way Horne went about getting the money he believed he was owed "ultimately was criminal".
The magistrate said Horne had accepted that he took the money and had said from the outset that he would repay it.
The court heard the money has since been repaid.
Horne was found guilty of the four charges, without proceeding to conviction, and placed on a conditional release order for two years.