Repeat offender bankrupt sentenced

Clinton Hart of Spearwood, Western Australia was sentenced in the Perth Magistrates Court on 9 December 2010 on eight counts of fraud under the Western Australian Criminal Code and one count of obtaining money for goods without disclosing his bankruptcy under the Bankruptcy Act 1966.

Hart became bankrupt in 2003 by debtor’s petition. The bankruptcy was extended by the trustee, and Hart is not eligible for discharge until May 2011.  

Hart was previously convicted and sentenced in 2006 on thirteen Bankruptcy Act charges relating to dishonesty and non-disclosure of information. He was sentenced to 6 months’ imprisonment on each charge, but was released on payment of a substantial surety, agreeing to be of good behaviour and to make reparation to his creditors.

On 9 December, Hart was sentenced to twelve months’ imprisonment on each of the eight State fraud charges and one months’ imprisonment, served concurrently, for the bankruptcy offence. The 2006 recognizance release was also revoked.

In sentencing, Magistrate Baylyl noted that the courts had endeavoured to deal with Hart in a non-custodial way, but his subsequent offending and persistent disregard left them with no option other than a custodial sentence. A monetary penalty would have been grossly inadequate.