Guy Sebastian’s former manager convicted of fraudulently embezzling more than $600,000 from the pop star remains on bail despite a Supreme Court challenge to his freedom.
The NSW Court of Criminal Appeal dismissed the detention application on Friday following a third attempt by the Crown to detain Titus Emanuel Day.
Day’s barrister Dominic Toomey SC on Monday asked Justices Fabian Gleeson, Robertson Wright and Richard Cavanagh to accept Justice Peter Garling’s reasoning for dismissing a previous bail detention application.
Mr Toomey argued there was a chance his client may not be sentenced to full-time custody.
“This is not a case where the money that has been found to have been embezzled was used in the way one often sees in cases of embezzlement, where a person has simply sought to enrich themselves,” Mr Toomey said.
He said he will provide evidence to show some money was used “to meet expenses that were associated with performances associated with Mr Sebastian”.
“This is not the ordinary case.”
The judges asked Mr Toomey to provide such evidence before handing down their decision on Friday.
Under new bail laws the Crown made a final bid to revoke Day’s bail before his sentence hearing in September.
It was suggested that the court must only be satisfied “on a balance of probabilities that the responder will be going to jail”.
Due to the serious nature of Day’s offending, in circumstances where there was a flagrant breach of trust when he stole from the pop star, jail time would be inevitable, the court was told.
And if Day was ordered to serve his sentence in the community by way of an intensive corrections order, the Crown would submit that would be “manifestly inadequate”.
Day managed the Australian Idol winner via his company 6 Degrees between 2009 and 2017 before the pair’s relationship ended acrimoniously.
He was convicted by a District Court jury of 34 charges after withholding royalty and performance fees owed to Sebastian between 2013 and 2020.
Day was found not guilty of 13 charges.
He will face a sentence hearing on September 16.