Former Westpoint promoter Neil Austin Burnard has failed in his appeal against his 12-month suspended sentence, after a court again dismissed his case.
The New South Wales Court of Criminal Appeal dismissed Burnard's appeal against his suspended sentence and permanent ban from working within the financial services industry on 10 February.
The court also dismissed the Commonwealth Director of Public Prosecutions appeal against the leniency of Burnard's sentence.
"There will be cases where a non-custodial sentence has been imposed by the sentencing judge, where a proper performance of this court's function on a Crown appeal against sentence will require that this court allow the appeal and impose a sentence which is a custodial sentence," Justice James said.
"In my opinion, the appeal against conviction should be dismissed and the court should, in the exercise of its discretion, dismiss the Crown appeal against sentence."
The decision to dismiss both appeals may have been prompted by an affidavit by Burnard's solicitor to the court that stated he has taken steps to find a new line of work.
"After being sentenced by the sentencing judge the respondent formed the view, justifiably, that as a result of his loss of reputation ... he would be unable to return to work in the financial services industry and he should endeavour to re-establish himself in a new line of work," the judge said.
Burnard has chosen a new career as an environmental consultant.
He has applied for and received associate membership of the Environmental Institute of Australia and New Zealand.
In August 2008, Burnard received a 12-month suspended prison sentence in the New South Wales District Court for his involvement in the collapse of the Westpoint group of companies.
