Robbo case penalty bid

THE Director of Public Prosecutions has argued for a harsher sentence for the woman who defrauded $420,000 from the company which traded as Robbo’s Chicken and Meat.

Cheryl Ann Kendall, 59, appeared for a hearing at the Supreme Court of Tasmania on Thursday amid an appeal lodged by the DPP against her sentence.

She had previously pleaded guilty to three counts of computer-related fraud.

A PROSECUTOR has argued for a harsher sentence for the woman who defrauded $420,000 from the company that traded as Robbo’s Chicken and Meat.

Cheryl Ann Kendall, 59, appeared for a hearing at the Supreme Court of Tasmania on Thursday amid an appeal lodged by the Director of Public Prosecutions against her sentence.

The woman had previously pleaded guilty to three counts of computer-related fraud committed over 21 months against PJ Robinson Pty Ltd, which ASIC documents reveal traded as Robbo’s Chicken and Meat.

Acting Justice Brian Martin sentenced Kendall in August to three years’ imprisonment, suspending two years and six months of it for two years, meaning she would spend only six months behind bars.

Director of Public Prosecutions Daryl Coates SC said the fraud had a severe impact on Philip “Robbo” Robinson, who at the time owned P.J. Robinson Pty Ltd. “The complainant has been extremely hardworking all his life, he’s built this business up, it’s had a good reputation, he’s been very proud of his employees and his relationship with them,” Mr Coates said.

“As a result of the criminal conduct of the respondent the complainant has destroyed him financially at a time when he was about to retire.

“This has had a huge emotional impact on him.”

Mr Coates said Kendall’s crimes were motivated partially by greed and a gambling addiction.

Defence lawyer Greg Barns SC said Kendall had paid back $73,000 of the defrauded money before police became involved in the matter, causing hardship for her and her family.

He said the aggravating factor of pure greed was absent.

Over the course of Kendall’s 45 days in prison so far, Mr Barns said three to four days of full lockdowns had impacted her time there.

“She is getting some counselling support,” he said.

Mr Coates said the sentence relied on the supposition Kendall was a person of good character, but he argued “for 21 months the respondent wasn’t of good character”.

He said many people who had stolen far less over a shorter time were dealt harsher penalties than Kendall.

Chief Justice Alan Blow said the three Court of Criminal Appeal judges would reserve their decision. He adjourned the appeal.