[2000] QCA 380
COURT OF APPEAL
PINCUS JA
WHITE J
JONES J
CA No 178 of 2000
THE QUEEN
v.
JOHN SCOTT BLACKHALL-CAIN Respondent
and
ATTORNEY-GENERAL OF QUEENSLAND Appellant
BRISBANE
..DATE 15/09/2000
JUDGMENT
PINCUS JA: This is an Attorney-General's appeal against sentence. The respondent was convicted, on pleas of guilty, of 23 offences of dishonesty, the total amount involved being $51,232.60. The appeal relates to 22 of those offences. The learned primary Judge sentenced the respondent to two years' imprisonment, wholly suspended, for a period of three years. That is, the operative period was three years.
The respondent is 36 years of age. The offences were committed over a six week period in mid-1998. He has no criminal history.
The primary Judge, in his reasons for sentence, said that the respondent pleaded guilty at the first opportunity, having made full admissions from the outset. His Honour said that the dishonesty was not elaborate and did not involve a great deal of planning. He accepted that no-one was out of pocket because of the dishonesty, for reasons which I will mention later. The Judge also said that the respondent's career had been destroyed as a result of his dishonesty; that was a reference to the fact that he will be unable for a period of six years to carry on his former occupation, because of this dishonesty.
Mr Meredith, who has appeared for the Attorney-General today, says that the interruption or destruction of the career is a proper outcome and what one would expect from such dishonesty. He also points out that the respondent was in a position of trust in the employer firm - not only trust by the employer but trust by the community - and that he held a senior position and that these are matters which are relevant in favour of the appeal.
When the offences were committed, the respondent was employed in a position described as "registered securities representative"; that involved buying and selling shares for clients of the employer firm.
Eight of the offences, charged under s.408G of the Code, consisted of simply taking money in various ways. Count 1 involved a firm client who instructed the respondent to sell certain options. He did so and forwarded the resultant sale price to the client, but without deducting, as he should have done, a sum which was due by the client to the employer firm. The client pointed the error out and the respondent told her to send the cheque for the sum due back to him personally. He then forged an endorsement and deposited the cheque in the account of a company of which he and his wife were the only directors. In short, he stole a cheque which was the property of the employer.
Another fraud related to a sale of AMP shares on behalf of a client. In the course of this transaction, a profit of over $5,000 was made, which belonged to the firm; but the respondent stole the money by having…
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- R v Blackhall-Cain [2000] QCA 380
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- [2000] QCA 380
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CaseChat Overview and Summary
The appeal raised several legal issues, primarily whether the sentence imposed was too lenient given the nature and circumstances of the offences. The Attorney-General argued that the sentence should be increased, highlighting the respondent's position of trust and the significant amount of money involved. The court had to consider the mitigating factors presented, such as the respondent's psychiatric condition and the anticipation of receiving commissions that would cover the misappropriated funds. The appeal also referenced previous cases where similar or lesser sentences were upheld.
The Court of Appeal, in dismissing the appeal, found that the primary judge's sentence fell within the range of a proper exercise of judicial discretion. The judges noted the unchallenged evidence of the respondent's significant psychiatric condition prior to the offences and the fact that the employer was ultimately not out of pocket due to the anticipated commissions. They concluded that, despite the severity of the offences, the sentence imposed was appropriate given the mitigating factors and comparable to sentences in similar cases. The appeal was thus dismissed, and the original sentence stood.
Orders
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