DISTRICT COURT OF QUEENSLAND
CITATION:
Arulogun v Legal Services Commissioner [2023] QDC 207
PARTIES:
ARULOGUN, Stephen Oluboyede
(appellant)
v
LEGAL SERVICES COMMISSIONER
(respondent)FILE NO/S:
2941/23
DIVISION:
Appellate
PROCEEDING:
Appeal pursuant to section 222 of the Justices Act 1886 (Qld)
ORIGINATING COURT:
Magistrates Court at Brisbane
DELIVERED ON:
17 November 2023
DELIVERED AT:
Brisbane
HEARING DATE:
13 November 2023
JUDGES:
Smith DCJA
ORDER:
1. The appeal is allowed.
2. I vary the sentence imposed in the Magistrates Court by imposing 9 months imprisonment (instead of 12 months) on each of charges 2, 6, 8, 10, 14, 18, 20, 22, 26, 28, 30, 34, 36, 38, 40, 42, 44, 46, 48, 50, 52, 54, 56, 58, 60, 62, 64, 66, 68, 70, 72 and 75, to be served concurrently with each other and the other terms of imprisonment.
3. I vary the parole release date imposed in the Magistrates Court to 11 January 2024.
4. I give the parties liberty to apply on any question concerning the numbering of the charges.
CATCHWORDS:
CRIMINAL LAW – APPEAL – SENTENCE - where the appellant breached provisions of the Legal Profession Act 2007 by representing that he was a lawyer on Airtasker – where the offending occurred over 14 months and involved 33 complainants - where the appellant had previous convictions as a pharmacist - where appellant pleaded guilty - whether Magistrate took into account the pleas of guilty - whether delay relevant as a mitigating factor in circumstances where the appellant had not committed further offences for almost two years - whether a jail sentence was the only available option - whether sentence manifestly excessive
Justices Act 1886 (Qld) ss 222, 223 and 224
Legal Profession Act 2007 (Qld) ss 3, 24, 25, 115
Penalties and Sentences Act 1992 (Qld) ss 9, 13Attorney-General v Legal Services Commissioner [2018] QCA 66, considered
Legal Services Commissioner v Braid, Magistrates Court 7 February 2017, considered
Legal Services Commissioner v Wrightway Legal [2015] QCAT 174, considered
New South Wales Bar Association v Cummins [2001] NSWCA 284; 52 NSWLR 279, considered
R v Bond, District Court 25 November 2016, considered
R v CCR [2021] QCA 119, cited
R v DAC [2023] QCA 53, cited
R v Horne [2005] QCA 218, considered
R v Illin [2014] QCA 285; 214 A Crim R 176, cited
R v Law; ex-parte Attorney-General [1995] QCA 444; [1996] 2 Qd R 63, considered
R v Oliver [2018] QCA 348; [2019] 3 Qd R 221, considered
R v Phillips [2008] QCA 284; 188 A Crim R 133, cited
R v Waite [2017] QCA 270, considered
Pearson v Legal Services Commissioner [2018] QDC 266, consideredReichman v Legal Services Commissioner [2017] QDC 158, considered
Teelow v Commissioner of Police [2009] 2 Qd R 489; [2009] QCA 84, applied
The Queen v Crowley, Magistrates Court 21 April 2023, considered
Tones v R [2017] VSCA 118, cited
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- Case
- [2023] QDC 207
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the Magistrate took into account the appellant's pleas of guilty, whether the delay in the proceedings was relevant as a mitigating factor, whether a jail sentence was the only available option, and whether the sentence imposed was manifestly excessive. The court considered the appellant's arguments alongside the respondent's submissions and examined the Magistrate's reasons for the sentence imposed. It was found that the Magistrate had indeed considered the appellant's pleas of guilty and reduced the penalty by setting a parole release date, which is consistent with common practice in such cases. The court also concluded that the appellant's criminal history and the sophisticated, systemic nature of his offending were relevant aggravating factors that distinguished his case from comparable decisions.
After thorough deliberation, the court decided to allow the appeal and vary the sentence imposed by the Magistrate. The court reduced the sentence from 12 months imprisonment to 9 months imprisonment, to be served concurrently with other terms of imprisonment. The parole release date was also adjusted to 11 January 2024. The court emphasised that the Magistrate's findings were open and that there was no error in his approach. The parties were granted liberty to apply on any question concerning the numbering of the charges, providing some flexibility in addressing any potential discrepancies. This decision underscores the importance of considering all relevant factors in sentencing, including the nature of the offence and the offender's criminal history, while also recognising the value of timely pleas of guilty.
Orders
Orders of the court
1. The appeal is allowed.
2. I vary the sentence imposed in the Magistrates Court by imposing 9 months imprisonment (instead of 12 months) on each of charges 2, 6, 8, 10, 14, 18, 20, 22, 26, 28, 30, 34, 36, 38, 40, 42, 44, 46, 48, 50, 52, 54, 56, 58, 60, 62, 64, 66, 68, 70, 72 and 75, to be served concurrently with each other and the other terms of imprisonment.
3. I vary the parole release date imposed in the Magistrates Court to 11 January 2024.
4. I give the parties liberty to apply on any question concerning the numbering of the charges.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.