Colin Hugh Gillies two years six months imprisonment for defrauding his employer of $125,800 was confirmed by the Court of Appeal following his failure to provide any receipts to support a claim he diverted company money to his own bank account as reimbursement for what he personally had spent on behalf of the company.
The court was told Gillies worked for a small family-owned concreting company for a three year period ending October 2020.
Whilst employed, he diverted payment from five separate company contracts: in some cases keeping payments made in cash; in others diverting payment into his own bank account by altering invoices issued on the company letterhead.
At trial, the jury did not accept his explanation that payment was taken because money was owed to him by the company. He claimed to be owed some $180,000.
The trial judge said the fraud was motivated by a sense of entitlement.
A folder of expenses presented to the court was not supported by evidence that these expenses had in fact been paid by him.
The fact Gillies had taken no formal steps to recover from his employer money he claimed was owed counted against him, the trial judge said.
The Court of Appeal dismissed Gillies appeal against sentence.
Gillies v. R – Court of Appeal (29.06.26)
26.193