He spent $2m of bank’s money — but judges set Luke Moore free
Luke Moore was sentenced to two years’ jail for exploiting a system failure to overdraw $2m. But despite a lavish splurge on cars and collectibles, the sentence has been overturned - and he is celebrating.
NSW
Don't miss out on the headlines from NSW. Followed categories will be added to My News.
IT was the ultimate bank error in a customer’s favour.
Instead of serving two years in jail for spending $2 million wrongly credited to his account, Luke Moore is now a free man.
The 29-year-old former bank teller took to Facebook to declare not guilty after the NSW Court of Criminal Appeal overturned his conviction for fraud.
The law student was last year sentenced to two years in jail for exploiting a system error to overdraw almost $2 million from a St George account to fund an extravagant lifestyle while claiming Centrelink benefits.
He splashed out on a $36,000 Maserati, a $91,000 Aston Martin, a $30,000 Hyunda, an Alfa Romeo, a speedboat and a framed Michael Jordan shirt.
A police search of his Goulburn house also found art and pictures signed by Led Zeppelin, Bob Dylan, Guns N’ Roses and Top Gear presenters and a frisbee signed by Amy Winehouse.
Appeal judges Mark Leeming, Natalie Adams and Desmond Fagan agreed Mr Moore’s conviction was a mistake and quashed it after finding no deception had taken place. Justice Leeming said in the judgment that Mr Moore, who suffers from a form of bipolar disorder, had “acted extremely foolishly” but there was “nothing covert” about his actions.
“It is plain that Mr Moore behaved not only extremely foolishly but also dishonestly,” Justice Leeming said. “He continued to borrow and consume funds, knowing he had no realistic prospect of repaying them, and appreciating that there was a mistake in the bank’s systems.”
Justice Adams agreed Mr Moore had not deceived the bank. “That the appellant acted dishonestly is beyond dispute … Deception is directed at a person being deceived whereas (his actions) are directed at a computer which, not having human frailties, cannot be deceived in the same way.”
Mr Moore had opened a Complete Freedom account with St George in March 2010. An administrative error allowed him to overdraw the account.
Instead of notifying the bank he made increasingly large withdrawals, transferring the funds into multiple NAB savings accounts and a PayPal account.
From July 2010 to August 2012 he took $1,988,535.25 from St George, which he used to buy the luxury items and also pay a mortgage, insurance and other bills.
Mr Moore was sentenced to a maximum four years and six months for obtaining financial advantage by deception and three years for dealing with proceeds of crime, to be served concurrently. He spent five months in jail before being bailed last September pending the outcome of his appeal.
MORE NEWS:
‘Who’s who’ of Sydney’s east eyeing off prime Oxford St listing
A treasured family-owned gift emporium on one of Sydney’s most iconic streets is on the market, with a “who’s who of the eastern suburbs” reportedly among those eyeing off the coveted location.
Money for nothing: Locals fume over rate hike shock
A rates hike has left Mid-North Coast locals in disbelief with one questioning whether his town sees any benefit at all with the money all going to Port Macquarie pet projects.