McNamara v The Queen (No 2)

The case of *McNamara v The Queen (No 2)* concerned an appeal against sentence brought by Mr McNamara, a solicitor, who had been convicted of property offences. The appeal was heard by Nicholson, Livesey and Bleby JJ of the Supreme Court of South Australia, Court of Criminal Appeal.

The legal issues before the Court were whether the head sentence of nine years imprisonment imposed on Mr McNamara was manifestly excessive, and whether the sentencing judge had erred in dismissing options of suspension and home detention. These grounds of appeal arose from Mr McNamara's conviction for offences relating to the misappropriation of funds from the estates of two clients, Neil Heanes and Mildred Matthews, which he managed through his legal practice's trust account and a separate Legal Costs Trust.

The Court reasoned that the head sentence of nine years was within the available range for the seriousness of the offending, which involved a significant breach of trust by a legal professional. Given the gravity of the offences and the substantial prison term imposed, the Court concluded that the sentencing judge had properly exercised their discretion in dismissing the options of suspension and home detention, as these were not appropriate alternatives in the circumstances.

Permission to appeal on the first ground was allowed, but permission to appeal on the second ground was refused. Ultimately, the appeal was dismissed, with the Court upholding the sentence imposed.