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Guy Sebastian' | Guy Sebastian' | ||
Titus Day was sentenced to a maximum four years in prison by Judge Tim Gartelmann at 's Downing Centre District Court on Thursday afternoon. | Titus Day was sentenced to a maximum four years in prison by Judge Tim Gartelmann at 's Downing Centre District Court on Thursday afternoon. | ||
- | [[https:// | + | Judge Gartelmann said the offences 'all were committed for financial gain' but it could not be established beyond reasonable doubt that 49-year-old Day was motivated by greed. |
'There is no evidence of remorse as the offender maintains his innocence - nor is there any evidence regarding prospects of rehabilitation,' | 'There is no evidence of remorse as the offender maintains his innocence - nor is there any evidence regarding prospects of rehabilitation,' | ||
He found Day re-offending was nonetheless unlikely. | He found Day re-offending was nonetheless unlikely. | ||
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Day is pictured outside court before his sentencing on Thursday | Day is pictured outside court before his sentencing on Thursday | ||
Day was originally charged with 50 counts of embezzling at least $886,175 in royalties, performance fees and an ambassadorship from Sebastian between 2013 and 2020. | Day was originally charged with 50 counts of embezzling at least $886,175 in royalties, performance fees and an ambassadorship from Sebastian between 2013 and 2020. | ||
- | A jury found the father-of-three guilty in June of 34 offences in relation to money totalling $624, | + | A jury found the father-of-three guilty in June of 34 offences in [[https://www.foxnews.com/search-results/search? |
- | The offending was a breach of trust but there had been no significant organisation or planning, Judge Gartelmann found. | + | The offending was a breach of trust but there had been no significant organisation or planning, Judge Gartelmann found. It was not known how Day spent the money. |
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Publicity surrounding the case and the destruction of Day's reputation had left him ' | Publicity surrounding the case and the destruction of Day's reputation had left him ' | ||
- | The court case pitted two men who were once extremely close against each other and dragged in their wives, | + | The court case pitted two men who were once extremely close against each other and dragged in their wives, who had also been friends. |
The brutal split between Sebastian and Day also rocked the entertainment industry. | The brutal split between Sebastian and Day also rocked the entertainment industry. | ||
(Image: [[|]]) | (Image: [[|]]) | ||
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Sebastian is pictured with Day | Sebastian is pictured with Day | ||
Judge Gartelmann said character witnesses had universally described Day as generous, honest and trustworthy. All considered his offending out of character. | Judge Gartelmann said character witnesses had universally described Day as generous, honest and trustworthy. All considered his offending out of character. | ||
- | Singer Tina Arena was among those who provided a reference for Day, describing him as ' | + | Singer Tina Arena was among those who provided a reference for Day, |
The trial was beset by woes, including the death of original judge Peter Zahra, the dismissal of five jurors from a panel of 15 and Sebastian and Crown Prosecutor David Morters SC contracting . | The trial was beset by woes, including the death of original judge Peter Zahra, the dismissal of five jurors from a panel of 15 and Sebastian and Crown Prosecutor David Morters SC contracting . | ||
- | While it was Day fighting for his liberty, Sebastian said he felt he was on trial during the hearing and | + | While it was Day fighting for his liberty, Sebastian said he felt he was on trial during the hearing and most of the media attention focused on him. |
- | The Voice judge was forced to reveal intimate details of his finances, including sometimes astronomical fees for performances and so-called ' | + | The Voice judge was forced to reveal intimate details of his finances, including sometimes astronomical fees for |
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The ARIA Award-winner was in the witness box for more than a week giving evidence in chief before Mr Morters and under cross-examination by Day's barrister Dominic Toomey SC. | The ARIA Award-winner was in the witness box for more than a week giving evidence in chief before Mr Morters and under cross-examination by Day's barrister Dominic Toomey SC. | ||
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He charged $54,341 to sing at a wedding in Jakarta in July 2017 and McDonald' | He charged $54,341 to sing at a wedding in Jakarta in July 2017 and McDonald' | ||
The hit-maker also received $49,114.62 for singing at Allianz Stadium in Sydney during the British and Irish Lions rugby tour in 2013. | The hit-maker also received $49,114.62 for singing at Allianz Stadium in Sydney during the British and Irish Lions rugby tour in 2013. | ||
- | (Image: [[|]]) | + | (Image: [[|]]) |
(Image: [[|]]) | (Image: [[|]]) | ||
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Sebastian denied he felt 'great animosity' | Sebastian denied he felt 'great animosity' | ||
'I have a lot of confusion as to now it's got to this point,' | 'I have a lot of confusion as to now it's got to this point,' | ||
- | | + | |
In another exchange, Mr Toomey suggested to Sebastian he was ' | In another exchange, Mr Toomey suggested to Sebastian he was ' | ||
'Not as large as it should have been, Mr Toomey,' | 'Not as large as it should have been, Mr Toomey,' | ||
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Day is pictured left with Sebastian | Day is pictured left with Sebastian | ||
- | Sebastian also had to contend with an email he sent to Day describing the fans of Westlife singer Shane Filan as being 'fat older women' | + | Sebastian also had to contend with an email he sent to Day describing the fans of Westlife singer |
Sebastian had been reluctant to support the Irish boy band star on a 2017 tour because his appearance would not be 'the right fit'. | Sebastian had been reluctant to support the Irish boy band star on a 2017 tour because his appearance would not be 'the right fit'. | ||
'I said something which wasn't great, something about feral old women or something,' | 'I said something which wasn't great, something about feral old women or something,' | ||
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Three weeks ago someone came on my property and let down my car tyres.' | Three weeks ago someone came on my property and let down my car tyres.' | ||
- | Sebastian told the court he had never done anything to threaten Day or his wife and had no knowledge of anyone else having done so. Day eventually withdrew the AVO. | + | Sebastian told the court he had never done anything to threaten Day or his wife and |
- | Judge Gartelmann ordered Day, | + | Judge Gartelmann ordered Day, who has already indicated he would appeal his conviction, repay $624,675. |
He will be eligible for parole on May 16, 2025. | He will be eligible for parole on May 16, 2025. | ||
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