A Gisborne man has been sentenced to three years' imprisonment after conning his elderly victim out of hundreds of thousands of dollars by selling him a car under the pretence it was a rare and valuable vehicle.
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Damon Donnelly, 48, made a false claim in 2012 that he had an original 1946 Holden prototype which he sold to his victim for $246,000, when it was actually valued at $8000.
He was convicted and sentenced in the Melbourne County Court last month.
Judge Patricia Riddell said in her sentencing remarks that Donnelly's offending was "sophisticated, detailed and purposeful."
"You were the one doing all the wheeling and dealing in buying parts and in obtaining provenance through documentation ... you did that fully knowing it was not the real deal," she said.
"You deceived someone who trusted you and who you knew was reliant on your honesty. Your moral culpability is very high."
The court was told the victim was heading toward retirement, but as a result of the offending, needed to return back to work.
The victim was also diagnosed with cancer, compounding his and his wife's stress and they had not received any of their money back. The victim has since died.
Judge Riddell said Donnelly may not have been aware of the victim's diagnosis.
The accused pleaded not guilty and following a nine-day trial, which finished on August 15, 2022, a jury of 12 unanimously found him guilty of one charge of obtaining property by deception.
A court heard Donnelly was born in Fitzroy and raised in Fawkner, before moving with his family to Gisborne.
The accused and his mother suffered physical, mental and emotional abuse from his stepfather.
The court was told Donnelly was socially isolated, struggled academically, and experienced sexual abuse by a different family member at a young age.
"I accept that your early years were marked by emotional and, at times, physical trauma," Judge Riddell said.
"I accept that you are a man marked by anxiety as a result."
Donnelly worked inconsistently, the court was told, and used alcohol and gambled in his past, but was no longer using alcohol and was the primary carer of his child.
The prototype car the accused claimed to have is one of three that were sent from the United States to Australia in 1946. The prototypes became the foundation for the production of the FX Holden cars in Australia, making them significant and of value.
The three prototypes were registered and one of them is at the National Museum of Australia in Canberra.
Donnelly told police he tried to obtain as much information as possible about Holden prototypes and rebuilt one with his father, and registered it at VicRoads in Bendigo.
The accused got to know the victim who ended up purchasing the car - under the impression it was an original 1946 Holden prototype - over a period of months and showed him documents for the car.
The victim, who was a car enthusiast, transferred funds to Donnelly on three occasions in February and March 2012. The total amount paid was $246,000.
The victim said if he had known the true history and identity of the vehicle, he would not have purchased it and for him it was "the real deal".
"Offences of deception are serious offences ... They are serious because they are often very difficult to detect," Judge Riddell said.
"They often involve the breach of trust of an unsuspecting person, who is taken advantage of and who suffers a significant financial loss."
Donnelly has been previously convicted in the County Court for other deception offences in 2004 and 2005 and he also pled guilty to obtaining financial advantage by deception in the Bendigo Magistrates Court in 2008.
"In relation to your prospects of rehabilitation, they are somewhat guarded in my view," the judge said.
"You are a person with a prior history of similar dishonesty."
Judge Riddell convicted and sentenced Donnelly to three years' imprisonment with a non-parole period of 18 months. The accused must also pay back $246,000 in compensation.
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