R v Alexander

[2004] QCA 11

SUPREME COURT OF QUEENSLAND

CITATION:

R v Alexander [2004] QCA 11

PARTIES:

R
v
ALEXANDER, Kevin Arthur
(applicant)

FILE NO/S:

CA No 331 of 2003
DC No 1667 of 2002
DC No 1248 of 2003
DC No 2074 of 2003

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

13 February 2004

DELIVERED AT:

Brisbane

HEARING DATE:

4 February 2004

JUDGES:

de Jersey CJ, Williams JA and Mackenzie J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for leave to appeal against sentence dismissed

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENCE – where applicant convicted of numerous offences of dishonesty, including fraud and stealing – where value of property fraudulently obtained greater than $100,000 – where sentenced to three and a half years imprisonment – where extensive criminal history with respect to offences of this type – whether learned sentencing judge placed too much weight on applicant’s criminal history – whether sentence imposed manifestly excessive

Penalties and Sentences Act 1992 (Qld), s 161

R v Cameron-Smith [1995] QCA 218; CA No 537 of 1994, 5 April 1995, cited
R v Cheers [1997] QCA 329; CA No 214 of 1997, 26 August 1997, considered
R v Jones [1998] QCA 40; CA No 393 of 1997, 13 March 1998, cited
R v Low [2001] QCA 67; CA No 225 of 2000, 1 March 2001, considered
R v McMillan [1999] QCA 287; CA No 54 of 1999, 27 July 1999, considered
R v Sheppard [2000] QCA 57; CA No 332 of 1999, 7 March 2000, considered

COUNSEL:

K M McGinness for the applicant
R G Martin for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent)

1. de JERSEY CJ:  I have had the advantage of reading the reasons for judgment of Williams JA. I agree that the application for leave to appeal against sentence should be dismissed, and with his Honour’s reasons.

1. WILLIAMS JA:  This is an application for leave to appeal against sentence, the applicant having abandoned that part of his Notice of Appeal which challenged his conviction.

1. The applicant was sentenced in the District Court at Brisbane on 5 September 2003; on that occasion he pleaded guilty to 18 charges which were set out in three separate indictments. There were six counts of aggravated fraud (the amount in each case exceeding $5,000.00), eight of fraud, three of attempted fraud and one of stealing. A Schedule was handed to the sentencing judge pursuant to s 189 of the Penalties and Sentences Act setting out a further 32 offences of dishonesty.

1. As was summarised in the sentencing remarks the offences essentially involved five separate types of dishonesty.  The first involved the applicant dishonestly obtaining credit to a total amount of approximately $98,000.00 and further…