Sebastian, the inaugural winner of Australian idolwas managed by Day from 2007 at bureau 22 Management. He joined Day’s company 6 Degrees in 2009 before their relationship ended in 2017.
Toomey accepted that the prison sentence had been crossed, but argued that an intensive correction order (ICO), a form of custodial sentence served in the community, was “not only available but appropriate”.
“This case is far from the typical embezzlement case where money is simply held and applied” [to the] direct benefit to the offender, often on lavish lifestyle choices,” Toomey said.
The defense attorney said the convictions have damaged Day’s reputation and that they will have “undoubtedly a serious impact on his future commercial prospects”.
He argued that the risk of reoffending was negligible and, “in response to the Crown’s statement that no regrets have been expressed,” Day said he maintained his innocence.
“He plans to appeal the jury’s verdicts on a number of grounds, including serious misconduct by the prosecution,” Toomey said, adding that further reasons would be that the verdicts were “unreasonable” and some “clearly inconsistent.” ” goods.
Day was acquitted of 16 embezzlement charges, including three on the orders of the judge.
Crown Prosecutor David Morters, SC, said most of the charges against Day are “proven,” including an $187,524 “embezzlement” for Sebastian’s support of US megastar Taylor Swift in 2013.
Morters argued that the penalty to be imposed is “certainly beyond the scope of an ICO” and “that penalty option is simply not available” to Judge Timothy Gartelmann in this case.