No jail time for former Toowoomba accountant guilty of $95k fraud Shannara Adams Dyball

A suburban Toowoomba mother found guilty of stealing $95,555 while working for a local business has walked free from court despite police calling for jail time – here’s why.

A former Toowoomba account found guilty of stealing more than $90,000 while working for a contractor of containers for change, was all smiles leaving court after receiving a suspended sentence on Wednesday, June 19, for the serious fraud charge.

It was all smiles outside Toowoomba court for a former tax accountant who walked free after pleading guilty to creating a fraudulent scheme at her former workplace that netter her $95,555 over 11 months.

When Goondiwindi-born woman Shannara Cindy Adams, now Dyball, fronted Toowoomba District Court on June 19, 2024, she pleaded guilty to a freshly downgraded charge of fraud, rather than fraud as an employee.

The Crown removed the aggravated feature of fraud as an employee after Judge Dennis Lynch KC noted Dyball did not work for Containers for Change, she worked for their contractor E and E Waste.

Containers for Change is a refund scheme where members of the community receive 10c per can recycled through the company.

Toowoomba mum Shannara Dyball after her court win on Wednesday, July 19, alongside her solicitor Joe McConnell.

Crown calls for time behind bars

Crown prosecutor Emily Coley said the 26-year-old mother fraudulently acquired the money from Containers for Change at Torrington Toowoomba throughout an 11 month period in 2019 and 2020.

The then 21 and 22-year-old was working for E and E Waste, by extension of Containers for Change, when she created eight fake customer accounts and made false refunds for cans that didn’t exist.

The court heard the money was deposited straight into Dyball’s bank account, as well as her ex-boyfriend’s, however prosecutor Coley said Dyball would immediately transfer the cash to her account.

A routine audit of the company uncovered the fraud, and police began investigating the crime in 2022, however when questioned by officers she refused to comment on the crime per her legal advice.

Police charged young Toowoomba mum, Shannara Dyball, 26 with fraud after a routine company audit.

After she was charged, the court heard Dyball lost her job at an accounting firm.

She has since paid back the $95,555 to Containers for Change.

The maximum penalty for fraud over $30,000 is a 14-year-jail term, and the Crown submitted the serious nature of the crime required some time to be served behind bars.

Prosecutor Coley submitted a four year head sentence which was echoed by Dyball’s team however they submitted any time behind bars was not warranted.

Judge not convined on jail subbmission

When prosecutor Coley was questioned by Judge Lynch on mitigating factors raised by Dyball’s defence team, specifically the link between her diagnosis of Bipolar Disorder, Ms Coley stood by her submission.

The Toowoomba Court House. Toowoomba City police station watchhouse. Picture: Peta McEachern

She went on to say the pyschologist report pointed to a number of contributing factors that “likely influenced” her behaviour which included anxiety, a fear of suffering financial hardship, anger, resentment, and rage towards her workplace.

“It isn’t specifically or with absolute finality attributable to bipolar disorder or a disorder of the mind,” she said.

She accepted the diagnosis should be taken into account, however actual jail time was still within range.

“It is relevant, but it also needs to be balanced with the seriousness of the offending,” she said.

Mental health aggravated by DV, bullying

The court heard Dyball grew up in a loving and stable home, had an excellent work history, and had no criminal history.

Dyball was represented by leading lawyers in the Darling Downs - Barrister David Jones KC and McConnell & Saldumbide Criminal Lawyers co-director Joe McConnell who instructed the KC.

Toowoomba barrister David Jones KC

Barrister Jones told the court Dyball sought help for her mental health and created a new life for herself before she was aware of the police investigation.

After committing the crime, he said Dyball moved “up north” where she met her husband, had her first child, and completed a bachelor of business and a certificate four in human resources.
He said she had since moved back to the region.

Barrister Jones noted the young woman was under numerous stressors at the time of the offending which included alleged domestic violence, and alleged workplace bullying which he described as a “reign of terror” on his client.

Judgment outcome

Judge Lynch said although the serious fraudulent crime “ordinarily” would result in actual time being served, Dyball’s case was an exception and placed her on a four year suspended sentence.

Dyball broke down in tears when she was spared jail time and was supported in court by her husband and family members.

Toowoomba mum Shannara Dyball after her court win on Wednesday, July 19, alongside her solicitor Joe McConnell.

Judge Lynch said the offending was a significant breach of trust and she took advantage of her position at E and E Waste, however it was not complicated nor sophisticated.

In reducing Dyball’s sentence, Judge Lynch noted some mitigating factors which included her early plea, genuine remorse, the lack of further offending, and that she had since paid back the money.

“I’ve come to the view that a term of actual imprisonment is not necessary here… in particular, taking into account the causal link between your mental health and your offending and the reduced need for the sentence to meet a requirement for general deterrence,” he said.

“Someone who suffers from a mental illness is not a suitable vehicle to be held out for the purposes of deterring others in the community.

“(But) your conduct should be publicly denounced by the court and the seriousness of it recorded and the sentence should address any need for personal deterrence.”