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Appeal court extends Pratten’s sentence

Former Sydney insurance broker Charles Pratten has been given an extended prison sentence for tax evasion and breaching a restraining order, and will now be eligible for parole from October 2019.

The Commonwealth Director of Public Prosecutions (CDPP) argued his original sentence, handed down in April last year, was too lenient.

The NSW Court of Criminal Appeal has now resentenced Pratten to jail until May 2022 for some of the charges against him.

It has fixed his non-parole period to three years and nine months.

The appeal court found the original judgement was manifestly inadequate, saying there was too much reliance on some of Pratten’s evidence and legal arguments.

“The offender’s evidence also disclosed that [he] set upon a deliberate course of conduct in the expectation that, by returning the monies and calling them loans, he could escape a considerable amount of income tax,” the new judgement says. “This course was neither accidental nor lacking dishonesty.

“It is also clear from his evidence that the offender lacks any remorse and was prepared to dissemble and give explanations that he knew to be incorrect, in order to avoid the consequences of his conduct.

“I consider his prospects of rehabilitation poor, because he rationalises his conduct and considers he has done nothing wrong.”

The appeal judgement also notes Pratten has not paid the tax liability outstanding, despite the original judgement making an assumption it had been paid.

Another factor supporting the CDPP appeal is the dismissal of Pratten being a first-time offender: there were a number of occasions, dating back to 1997, when he was convicted of failing to submit tax returns.

Pratten faces another court case involving the Australian Federal Police, with a hearing due on April 6 in the NSW Supreme Court.

He was initially found guilty of seven counts of obtaining financial advantage by deception and one count of breaching a restraining order.

The deception charges related to not paying tax on about $5 million of income arising from $19 million of premium transferred by Rural and General Insurance Broking to companies in Vanuatu. The restraining order related to the failed removal of a fishing boat to Vanuatu.