UPDATE | WEDNESDAY, NOVEMBER 13: David Spenceley will appeal the severity his two-month jail sentence for stealing from the Sebastopol Historical Society.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Spenceley, who spent the night in custody after yesterday's sentencing, was granted appeal bail on Wednesday.
His bail was unopposed by police prosecutors.
His case will return to the County Court at a later date.
INITIAL STORY | TUESDAY NOVEMBER 12: A man who stole $20,000 from the Sebastopol Historical Society while acting as its treasurer was jailed on Tuesday.
David Spenceley, 61, pleaded guilty to transferring money from the historical society into his personal account, including $15,000 of Ballarat council funding, and pocketing cash membership payments for personal use.
Police prosecutor Senior Constable Steve Repac told the court Spenceley acted in the role of treasurer overseeing accounting and bank transactions for the Sebastopol Historical Society from June 2016 to August 2018.
He said in August 2018 the historical society discovered funds were missing from the organisation's account and committee members reported it to police.
Records showed Spenceley had transferred funds from the community organisation's account into his personal account between June 2016 and June 2018.
Senior Constable Repac said all Sebastopol Historical Society bank transactions required two committee members to log in to the account.
Spenceley was able to complete the transfers with his wife's login who was secretary at the time.
He has admitted he has exploited and abused his position of trust for personal advantage and it has impacted on the local community.
- Adrian Paull, defence lawyer
Spenceley made full admissions to police and said his wife had no knowledge of the offending at the time when he was arrested at the Ballarat Police Station in July this year.
Defence lawyer Adrian Paull said Spenceley suffered from depression and anxiety and felt stressed keeping up with his bills on a carers pension as a carer for his wife.
He said the money stolen was used to pay off debts, bills and two small holidays to Warragul and Inverloch.
"Mr Spenceley indicated his depression sometimes causes him to do strange things," Mr Paull said.
"He has admitted he has exploited and abused his position of trust for personal advantage and it has impacted on the local community."
Mr Paull asked Spenceley's health conditions, strong employment history, his role as a carer for his wife and the long period of 16 years since his prior offending be considered.
In his sentencing remarks, Mr Saines said he placed 'significant weight' upon Spenceley's guilty plea to the court and police but also the fact the society remained uncompensated and it was the third time he had engaged in 'premeditated dishonesty' in breach of a position of trust.
"As a third time offender with uncompensated losses there will be immediate imprisonment," Mr Saines said.
The court heard Spenceley had previously been convicted for taking $5000 from an employer in 2003 and $1100 while president of a football club in 2001.
"This is conduct that cannot be accepted... There are significant consequences for those in the community who breach these positions of trust," Mr Saines said.
Spenceley was sentenced to two months in prison followed by an 18 month community corrections order, with a requirement for 200 hours unpaid community work.
He was also ordered to pay $20,000 in restitution.
Have you signed up to The Courier's variety of news emails? You can register below and make sure you are up to date with everything that's happening in Ballarat.