Event and Time
Event Description
David Arthur Graer was convicted of attempting to obtain a financial advantage through deception under section 321M of the Crimes Act 1958. The charge is related to his involvement in facilitating a scheme that sought to secure loan facilities for Michael James Murray using falsified documentation.
Application and Claims
- Graer was involved in obtaining finance for Mr. Murray using fabricated applications and false supporting materials.
- The amount involved in the attempted deception was approximately $170,000 over three financial institutions.
- Graer and his co-conspirators communicated extensively utilizing text messages regarding the financial arrangement.
- Graer's defense claimed he acted under the belief that he owed Mr. Murray money, which influenced his decision to assist in obtaining the loans.
Judicial Decisions
- The court accepted the guilty plea entered by Graer in November 2022.
- The sentence was influenced by the absence of prior criminal history, the significant delay before charges were brought, and Graer's personal circumstances including his charitable work and family support.
Dispute Points and Legal Basis
Dispute Points
Prosecution Claims:
- Graer played a leading role in orchestrating the deception aimed at obtaining financial advantages illegally.
- He submitted applications with falsified material and also acted as a referee for the applicants, demonstrating intent to deceive.
Defense Arguments:
- Graer believed he was assisting Mr. Murray, who allegedly believed he owed him money.
- He had no prior criminal record and expressed genuine remorse for the involvement in the deception.
- The defense highlighted Graer's charitable contributions and positive character references in mitigation.