JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : COURT OF CRIMINAL APPEAL
CITATION: DAVIS -v- THE QUEEN [2002] WASCA 298
CORAM: PARKER J
ROBERTS-SMITH J
SHEPPARD AUJ
HEARD: 8 OCTOBER 2002
DELIVERED : 30 OCTOBER 2002
FILE NO/S: CCA 91 of 2002
BETWEEN: DIANE LOUISE DAVIS
Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law and procedure - Sentencing - Conviction on plea of guilty to 12 counts of obtain benefit by fraud - Sentence of two years for each count to be served concurrently - Whether sentence manifestly excessive - Serious offences over a period of time - Mitigating factors - Whether Judge erred in not exercising discretion to suspend sentence
Legislation:
Criminal Code, s 409(1)(c)
Result:
Application for leave to appeal allowed
Appeal dismissed
Category: B
Representation:
Counsel:
Applicant: Ms C A McKenzie
Respondent: Mr J Mactaggart
Solicitors:
Applicant: McKenzie Lalor
Respondent: State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Barrick (1985) 81 Cr App R 78
Greer v The Queen, unreported; SCt of WA; Library No 960173; 1 April 1996
Lowndes v The Queen (1999) 195 CLR 665
R v Birch (1993) 69 A Crim R 181
R v Burke (1994) 75 A Crim R 48
Case(s) also cited:
Dinsdale v The Queen (2000) 202 CLR 321
House v The Queen (1936) 55 CLR 499
R v Carreras (1992) 60 A Crim R 402
R v Latham (2000) 117 A Crim R 74
JUDGMENT OF THE COURT: In this matter, the applicant was convicted of 12 counts of gain benefit by fraud, contrary to s 409(1)(c) of the Criminal Code. She was sentenced to two years imprisonment on each count, to be served concurrently. She seeks leave to appeal against the severity of the sentences which were imposed.
At the time of the commission of the offences, the applicant was an employee of the Commonwealth Bank of Australia. She had been employed by the bank for just over 21 years. In that time, she worked in many areas of the bank, eventually holding the position of Manager Personal Lending. She had a sound knowledge of the day‑to‑day operations of the bank. On 23 September 1993, the applicant opened a Streamline Account with an overdraft limit of $2,000. On 6 December 1995, she opened a Staff Streamline Account with no overdraft facility attached. On 3 April 1998, the applicant and her husband applied for an Access Advantage line of credit account with an overdraft limit of $35,000. The application required the applicant to disclose, in writing, her full financial position detailing her assets and liabilities. Another staff member who was authorised to review and approve the applicant's application approved the application on the basis of the details disclosed.
Counts (1) to (3) and counts (7) to (12) of the indictment relate to the applicant unlawfully manipulating the bank's computer system. Between 6 April 1998 and 30 June 2000, she succeeded, without the bank's authority, in increasing the Access Advantage line of…
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- AGLC
- Davis v The Queen [2002] WASCA 298
- Case
- [2002] WASCA 298
- Decision Date
CaseChat Overview and Summary
The legal issues that arose for determination in the appeal were whether the sentence imposed by the primary judge was manifestly excessive, and whether the judge erred in not exercising their discretion to suspend the sentence. The court considered the nature and seriousness of the offences, the mitigating factors, and the need for deterrence and denunciation. The court also considered the applicant's employment history, the absence of a criminal record, and the substantial financial loss caused to the bank.
The court found that the sentence imposed by the primary judge was not manifestly excessive. The court noted that the offences were serious and involved a breach of trust and abuse of position. The court also found that the primary judge had considered the mitigating factors and had exercised their discretion in imposing a sentence that was appropriate to the circumstances of the case. The court held that the sentence imposed was not so excessive as to shock the conscience of the court. The court dismissed the application for leave to appeal.
The court did not make any orders for costs.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: ROBERTS-SMITH J
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