SUPREME COURT OF QUEENSLAND
CITATION:
R v Adams; ex parte A-G (Qld) [2006] QCA 312
PARTIES:
R
v
ADAMS, Anna Rachelle
(respondent)
EX PARTE ATTTORNEY-GENERAL OF QUEENSLAND
(appellant)FILE NO/S:
CA No 115 of 2006
DC No 244 of 2006DIVISION:
Court of Appeal
PROCEEDING:
Sentence Appeal by A-G (Qld)
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
25 August 2006
DELIVERED AT:
Brisbane
HEARING DATE:
3 August 2006
JUDGES:
McMurdo P, Holmes JA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
1. Appeal against sentence allowed
2. Head sentence of four years with operational period of five years is not altered
3. Sentence varied by order that it be suspended after 15 months imprisonmentCATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY ATTORNEY-GENERAL OR OTHER CROWN LAW OFFICER – APPLICATIONS TO INCREASE SENTENCE – OTHER OFFENCES – where respondent convicted of stealing as a servant and sentenced to four years imprisonment suspended after nine months with an operational period of five years – where respondent was employed as bookkeeper by a company and misappropriated $239,617.29 over a 12 month period – whether too much weight given to respondent’s psychological condition and other factors in mitigation – whether suspension after 9 months manifestly inadequate
R v Alexander [2004] QCA 11; CA No 331 of 2003, 13 February 2004, distinguished
R v Allen [2005] QCA 73; CA No 21 of 2005, 17 March 2005, distinguished
R v Anderson [2000] QCA 257; CA No 52 of 2000, 30 June 2000, distinguished
R v Baunach; Cth Director of Public Prosecutions [1999] QCA 207; CA No 88 of 1999, 4 June 1999, considered
R v Fisher [2002] QCA 259; CA No 148 of 2002, 24 July 2002, considered
R v La Rosa; ex parte A-G (Qld) [2006] QCA 19; CA No 287 of 2005, 10 February 2006, considered
R v Rees [2002] QCA 469; CA No 205 of 2002, 4 November 2002, considered
R v Spalding [2002] QCA 538; CA No 241 of 2002, 6 December 2002, considered
R v Tsiaras [1996] 1 VR 398, distinguishedCOUNSEL:
M J Copley for the appellant
A M Hoare for the respondentSOLICITORS:
Director of Public Prosecutions (Queensland) for the appellant
Robertson O’Gorman for the respondent
McMURDO P: I agree with Holmes JA.
HOLMES JA: The respondent was convicted on a plea of guilty of one count of stealing as a servant and was sentenced to four years imprisonment, suspended after nine months, with an operational period of five years. This is an appeal by the Attorney-General against that sentence.
The respondent was employed as a bookkeeper by a company which sold metal products. Her duties included invoicing and the payment of bills. After it was discovered in January 2005 that the respondent had deposited a cheque…
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- Case
- [2006] QCA 312
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the sentence was manifestly inadequate and whether too much weight was given to the respondent's psychological condition and other mitigating factors. The court was tasked with determining whether the sentence imposed was appropriate in all the circumstances, including the severity of the offence and the respondent's culpability. The Attorney-General contended that the sentence did not adequately reflect the gravity of the offence, given the significant amount of money stolen and the breach of trust involved.
The court found that the sentence imposed was manifestly inadequate and that too much weight had been given to the respondent's psychological condition and other mitigating factors. The court held that the sentence did not adequately reflect the gravity of the offence, which involved a significant breach of trust and the misappropriation of a substantial sum of money. The court varied the sentence by ordering that it be suspended after 15 months imprisonment, while maintaining the head sentence of four years with an operational period of five years. The appeal against the sentence was therefore allowed in part, with the sentence being varied as described.
Orders
Orders of the court
1. Appeal against sentence allowed
2. Head sentence of four years with operational period of five years is not altered
3. Sentence varied by order that it be suspended after 15 months imprisonment
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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