Guy Sebastian’s former manager Titus Day secures another major court win

Pop star Guy Sebastian’s ex-manager has secured a major victory in court after being found guilty of embezzlement.

Guy Sebastian’s former manager has secured a massive win and has been released on bail after another unsuccessful application by prosecutors.

Titus Day was found guilty last month of embezzling $620,000 from Mr Sebastian who he represented for more than a decade and was formerly close friends with.

The 49-year-old was granted bail while he awaited sentencing – set for 16 September – despite prosecutors’ concerns regarding the amount of money involved in the case and the period of time over which the crimes were conducted.

On Friday, a third detention application to put Mr Day behind bars was dismissed by the Supreme Court and his bail conditions were continued.

The conditions include Mr Day surrendering his passport and reporting to Waverley Police Station every Wednesday.

Guy Sebastian’s former manager Titus Day has walked free from another detention bid by prosecutors. Picture: NCA NewsWire / Gaye Gerard

Following a previous detention bid, Justice Peter Garling said while it was “highly likely” Mr Day would be sentenced to jail time, he may also be issued a punishment that does not involve imprisonment.

“On the material before me, including the acceptance by the DPP that the offender had no previous criminal convictions, I was not satisfied that there was no other sentencing alternative available to the Judge other than full-time imprisonment,” Justice Garling said.

This week a crown prosecutor told the court if Day were to be sentenced to an Intensive Corrections Order to be served in the community, it would be an “inadequate” punishment.

“This is a matter that would, on any reasonable assessment, attract a sentence full-time custodial or full-time custody,” he said.

“Your honour must be satisfied on the balance of probabilities that there will be no other sentence other than a full-time custodial sentence,” the prosecutor said.

“Given the very serious nature of the offences, which total frauds in excess of $600,000 in circumstances where there was a flagrant breach of trust.”

Titus Day and Guy Sebastian in happier times. Picture supplied

During the trial, the NSW District Court heard Mr Sebastian was owed $900,000 after being managed by Mr Day over a ten-year period.

He was convicted on 34 of the 60 charges he was facing, including the embezzlement of more than $620,000 of the pop singer’s earnings.

Day’s defence barrister Dominic Toomey opposed this week’s detention application, citing his client’s “good character and lack of prior offences”.

“We will argue on sentence that this is not a case where the money that has been found to have been embezzled was used in the way one often seen in these cases where the person simply sought to enrich themselves,” he said.

“We will demonstrate that the money was used to meet expenses which were associated with performances by Mr Sebastian and there will be a lesser degree of seriousness than one ordinarily sees.”