Andrew Spira, the start-up millionaire nephew of former ABC chair Ita Buttrose, has decided not to appeal his punishment over fraud charges after a judge dismissed the application, stating that there was “no merit to the application.”
Spira, who had pleaded guilty to dishonestly obtaining financial advantage by deception, was originally planning to appeal his sentence in Sydney’s Downing Centre District Court. The 25-year-old admitted to using stolen credit card details to book a bed and breakfast in the NSW Hunter Valley.
Following his conviction, Spira was sentenced to a 12-month community corrections order and ordered to continue mental health treatment. He immediately launched an appeal after his sentencing in January.
Spira was present in the public gallery of the court on Tuesday as his lawyer Justin Wong indicated that the severity appeal was going to be withdrawn. Acting Judge Paul Conlon accepted the withdrawal, stating that he didn’t see any merit in the appeal.
According to court documents, Spira and his partner had arranged to stay at Mala Retreat in Louth Park, north of Newcastle, but their payment was declined due to the fraudulent use of credit card details. The owner was alerted by a woman claiming her details were used fraudulently, leading to police involvement.
Spira and his partner left the bed and breakfast before police arrived and flew to the Northern Territory, leaving behind an unpaid bill. Spira was arrested in Darwin while attempting to flee the country on a false passport.
Following his arrest, police found messages on Spira’s phone between him and an “unknown entity” providing the bank details used in the fraudulent booking.
Defense lawyer Samir Karnib stated in court that Spira, heavily influenced by drugs at the time, was in a drug-induced psychosis during the offense. He expressed regret for his actions and claimed to have paid back the amount in full shortly after obtaining the bank details.
During sentencing, magistrate Julie Zaki noted Spira’s long-standing mental health issues, including complex PTSD. She commended his sobriety following two months in custody in the NT but rejected a request for the matter to be resolved with a fine. Spira was convicted of a 12-month community corrections order, in addition to an existing good behavior bond for the NT charges.
