Not many convicted fraudsters can walk free from jail while they mull an appeal, but the case of Luke Brett Moore is "almost unique", a judge has ruled.
The Goulburn man was on Centrelink payments when he first took advantage of a St George Bank error, withdrawing $1.8 million from an overdraft account in 50 transactions between 2011 and 2012. Not once did he need to seek the permission of his "relationship officer" at the bank.
Moore, 27, spent the money on fast cars (including a Maserati and an Aston Martin), a power boat, paintings, jewellery, a framed Michael Jordan shirt and and signed photographs of Kylie Minogue. He told friends and family he had won the lottery. But at his trial he submitted that he had made no active deception of the bank.
In February, he was found guilty in the Sydney Supreme Court of obtaining financial benefit by deception and dealing with proceeds of crime. He was sentenced in April to a minimum jail term of two years and three months. The next month he lodged a notice of intention to appeal and later a bail application.
Judge Peter Hammill, in what he called a difficult decision, granted Moore bail because of the "special or exceptional circumstances" surrounding the case.
"The offences here committed were, whilst repetitive, opportunistic and the result of an error made by the bank," Judge Hammill wrote in his August judgment. "That circumstance is unlikely to repeat itself."
Along with the low risk of reoffending, the judge considered the fact that Moore would have served a large part of his prison sentence while awaiting appeal.
Most complex was the assessment of Moore's chances of winning the appeal.
Normally, an applicant would outline the grounds of their appeal and the judge would assess their merits. But Moore had so far appeared unrepresented due to an administrative mix-up.
Judge Hammill warned that granting bail without knowing the appeal grounds "should not be seen as a precedent".
But he concluded, in a "very guarded assessment" that "Mr Moore's appeal may enjoy some prospects of success".
While on bail, Moore must report twice daily to a police station and abide by a 7pm to 7am curfew. He was also ordered to provide a $5000 surety.
Moore has until early November to lodge his appeal.
