Robert Charles Atherley did not overturn his conviction or sentence: on 23 March 2017, the Western Australian Court of Appeal refused leave to appeal and dismissed his appeals. The case concerned money taken from Mary Taylor Eva, a client for whom Atherley had served as accountant, enduring power of attorney and legal guardian.
Who were Atherley and Mary Taylor Eva?
The appeal judgment says Atherley had been Eva’s accountant from 1989, her enduring power of attorney from 1996, and her legal guardian from 1999. It describes her declining mental faculties and dementia in connection with his appointment as guardian. PerthNow’s contemporaneous AAP report also described him as her enduring power of attorney and legal guardian.
Eva died in August 2006. The appeal judgment discusses transactions during her lifetime and transfers from her estate after her death.
What was Atherley convicted of?
After a judge-alone trial, Atherley was convicted of two counts of stealing and one count of perjury. The appeal judgment reports that the trial judge found he had stolen more than $1.62 million from Eva before and after her death. The judgment describes transfers from Eva’s accounts to Atherley’s business and personal accounts, as well as his wife’s account. That amount is the trial judge’s finding as recounted by the appeal court, not a new finding made on appeal.
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The perjury count related to false testimony in later Supreme Court proceedings brought by beneficiaries of Eva’s estate, according to the appeal judgment.
Why did he appeal?
The judgment discusses four grounds challenging the convictions and one ground challenging the sentence. One conviction argument was that a stealing count framed around a general deficiency was duplicitous because it combined multiple transactions. The sentence appeal argued that the total effective sentence breached the totality principle, which requires the overall punishment for multiple offences to be just and proportionate.
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The Court of Appeal considered the applications for leave to appeal against conviction and sentence, refused them, and dismissed the appeals. The result left the convictions and original sentence in place; the appeal court did not impose a new sentence.
What sentence did Atherley receive?
In 2015, Atherley was sentenced to seven years and six months’ imprisonment. PerthNow’s AAP report gave that sentence, and the appeal judgment also discusses it. The Court of Appeal’s 2017 decision left it undisturbed.
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In its sentencing discussion, the appeal judgment characterized the offending as “not an isolated lapse of judgment or impulsive but was deliberate, methodical, planned, systematic and prolonged.”
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What the decision does—and does not—establish
Atherley v The State of Western Australia [2017] WASCA 53 is a decision about this indictment, the evidence at Atherley’s trial, the specific appeal grounds and the sentence imposed in his case. It should not be read as a general ruling on every case involving financial abuse of an older person or a person with dementia.
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Sources: PerthNow/AAP, 23 March 2017; Atherley v The State of Western Australia [2017] WASCA 53, a reproduced copy of the appeal judgment.
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