Titus Day arrives at the NSW Court of Criminal Appeal to hear the outcome of a third detention application ahead of his embezzlement sentence.

Titus Day arrives at the NSW Court of Criminal Appeal to hear the outcome of a third detention application ahead of his embezzlement sentence.Credit:Nick Moir

During the hearing,two Corrective Services workers had walked into the courtroom in disposable blue gowns,face masks and gloves. Under COVID-19 requirements,fresh custody inmates are quarantined before entering the wider prison system.

The Crown had brought its application under section 22B of the Bail Act,which states that between conviction and sentence “for which the accused person will be sentenced to imprisonment to be served by full-time detention”,bail must be refused unless special circumstances are established.

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Crown prosecutor Guy Newton had submitted on Monday that while the judges didn’t “have a crystal ball”,Day’s offending was a “flagrant breach of trust” and,on any reasonable assessment,would attract a jail sentence.

He said that the court did not need to be satisfied as a matter of certainty but on the balance of probabilities.

Day’s barrister,Dominic Toomey,SC,had argued there was a “reasonable possibility” of a sentence other than full-time imprisonment. He claimed his client’s matter was “not the ordinary case” of embezzlement in which a person “simply sought to enrich themselves”.

He said the court’s decision should not be determined “divorced from the view arrived at” by Judge Timothy Gartelmann,who oversaw the trial and refused the first application in the District Court.

“The tribunal undoubtedly in the best position to determine whether there will be a sentence of full-time imprisonment is the sentencing judge who has observed the evidence and the narrative unfold in this case over a period of some two months,” Toomey said on Friday.

Day managed Sebastian’s career from 2007 to November 2017,when the pair’s business relationship came to a hostile end,his trial heard.

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After the verdicts,Sebastian released a statement of gratitude that the “painful chapter” was over.

“It was not only shocking but also heartbreaking to discover the depth of betrayal and dishonesty,” the singer said. “Titus was more than just my manager,he was one of my closest mates.”

Sebastian isset to headline a community open night at the new Sydney Football Stadium,also known as Allianz Stadium,on August 28.

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