Buchester v Johnson

[2014] QDC 196

DISTRICT COURT OF QUEENSLAND

CITATION:

Buchester v Johnson [2014] QDC 196

PARTIES:

SHANNON MARY BUCHESTER
(Appellant)

v

BENJAMIN JOHNSON
(Respondent)

FILE NO/S:

BD – 1089/14

DIVISION:

Criminal Appeal

PROCEEDING:

Appeal s 222 Justice Act 1886

ORIGINATING COURT:

Brisbane Magistrates Court

DELIVERED ON:

11 September 2014

DELIVERED AT:

Brisbane

HEARING DATE:

22 August 2014

JUDGE:

Searles DCJ

ORDER:

1. APPEAL DISMISSED
2. MAGISTRATES COURT DECISION AFFIRMED

COUNSEL:

Appellant – A D Anderson

Respondent – K D Ashen

Offences the Subject of Appeal

1. On 10 March 2014 the Appellant pleaded guilty in the Magistrates Court at Brisbane to the following offences:

1. Unauthorised dealing with shop goods on 8 February 2013 (a pair of women’s gloves): s 5 Regulatory Offences Act[1];

[1] Maximum penalty: six penalty units.

2. 35 counts of Stealing (on various dates between 1 September 2012 and 16 February 2013): s 398 Criminal Code[2];

3. 22 counts of Fraud (on various dates between October 2012 and January 2013): s 408C(1)(d) Criminal Code[3]; and

4. 3 counts of Attempted Fraud (on various dates between October 2012 and January 2013): s 408C(1)(d) & s 535 Criminal Code.[4]

[2] Maximum penalty: five years imprisonment.

[3] Maximum penalty: five years imprisonment.

[4] Maximum penalty: two and a half years imprisonment.

Sentences Imposed

1. In sentencing the Appellant, Her Honour said:-

“For the 22 frauds, you are convicted and sentenced to six months imprisonment. For the three attempted frauds, the same. For stealing, that’s the 25 stealing offences, four months imprisonments. And I order that the parole release date is today. So you will be on parole for six months, which I think is an adequate period of time for you to show your proof that you won’t do it again. In relation to the unlawfully taking away shop goods, taking into account the sentence I’ve just imposed, you are convicted but not further punished. And I’ll order restitution for the amount outstanding, which is the $1,429.15. Now, I’ll also put in there time to pay, one month, or SPER. And you can make arrangements with SPER to pay it by instalments. And in case it’s possible, I also order all items forfeited to the Crown for return to the rightful owners where possible. I know that largely that may well have been done.”[5]

[5] Transcript, MAG-33198 & 54875/13, p 3 [41-47] and p 4 [1-5].

Offending Conduct

1. The offending conduct occurred over a five and a half month period from September 2012 to February 2013.[6]

   [6] Submissions on Behalf of Shannon Mary Buchester, page 3, para 18.

1. The Appellant stole thirty-five clothing items from David Jones (Queens Plaza) and Myer (Carindale and Brisbane City) stores. The fraud and attempted fraud charges arise from the Appellant offering for sale twenty-five of these items on eBay. Twenty-two of these items sold (fraud) and three of the items did not sell (attempted fraud). Ten of the stolen items were retrieved by police on 16 February 2013.[7]

   [7] Ibid, para 19.

1. The total value…