R v Berka

[1992] QCA 401

COURT OF APPEAL [1992] QCA 401

MACROSSAN CJ
PINCUS JA

de JERSEY J

CA No. 267 of 1992

THE QUEEN

and

ROLAND TROY BERKA	Applicant
BRISBANE ..09/11/92

JUDGMENT
THE CHIEF JUSTICE: This is an application for leave to appeal
against sentence, the applicant having been charged with stealing
one ladies purse containing papers and a sum of money, $57.42. At
the time of the offence the applicant was an inmate in a
correctional institution with a portion of a currently running
sentence still to serve.

The sentence which was imposed upon him for this present offence was a further term of 12 months to be cumulative on the sentence which was currently being served. That sentence in fact was one for housebreaking and stealing, and he had been sentenced to nine months for those offences.

The purse in question was stolen from the program manager at the correctional centre, where the applicant was detained. She had placed her handbag, containing the purse to which I have referred, in a storage cupboard in her office. After an absence she discovered that the purse had been taken. It contained personal papers as well as the sum of money that has been referred to.

The applicant was intercepted shortly afterwards, and it was discovered that the complainant's purse was hidden in the front of his shorts. The complainant's property, apart from a $50 note which was part of the sum in her purse, was recovered.

The submission on behalf of the applicant is that while it is accepted that some cumulative penalty should have been imposed, the 12 months was, in the circumstances, excessive. It is undoubtedly important to uphold the security and discipline prevailing in correctional institutions. The theft in which the applicant at least participated in this case was brazen, and one would have to accept that it was planned.

He is a 19 year old, but he has a significant criminal history, including offences of dishonesty. In the end, I think that that criminal history and the deliberate nature of the offence committed on the occasion in question are important factors which have to be borne in mind in considering the application here brought. In the circumstances, in my opinion, it should not be concluded that the penalty imposed was excessive, and I would dismiss the appeal against conviction which was not argued, as well as the application for leave to appeal against sentence.

PINCUS JA: I agree.

de JERSEY: I agree.

THE CHIEF JUSTICE: That will then be the order of the Court.

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