Fraud appeal fail

A FRAUDSTER financial adviser who siphoned more than $1m from clients has had his bid to appeal against his sentence quashed, with a judge declaring there was “no substance” to his argument.

Anthony Vivian Dick, 57, was in 2020 sentenced to eight years’ jail for defrauding 12 people while working as a financial adviser in Townsville, pocketing a total of $1,106,463 between 2006 to 2017.

He had pleaded guilty in Townsville Supreme Court to a total of 11 counts of fraud.

Those Dick defrauded had relied on him for his professional advice but he had pocketed their funds from their superannuation and retirement savings.

One of the victims was an intellectually impaired and illiterate man, from whom Dick stole about $90,000.

In his 2020 sentencing, the court was told the funds had been transferred by Dick into accounts owned by his ex-wife and his young daughter, without them knowing.

It was not alleged the pair had been involved in his crimes.

He was given parole eligibility from June 1, 2023. Court documents published in April this year show Dick sought leave to appeal his sentence on the grounds that it was “manifestly excessive”.

He submitted the value of the money he’d taken only warranted a sentence of six years’ jail, and parole eligibility set at two years – due to his co-operation with authorities and his remorse.

Dick’s submission to the court was based on a separate, comparative case.

In the documents, Judge David Boddice wrote there was “no substance” to Dick’s argument.

“As the sentencing judge properly observed, there is no sliding scale having regard solely to the amount of money the subject of the fraud,” Judge Boddice stated in the documents.

He added relevant factors also included the sophistication of the fraud, the offence time period, and whether the offender had been in a position of trust. It also included whether there had been any offer or actual restitution.

Judge Boddice said the sentence reflected Dick’s offending, committed over many years while in a position of trust.

His self-admissions made to authorities were considered.

The application was refused.