R v Cox

Case [2010] QCA 262


SUPREME COURT OF QUEENSLAND

CITATION:

R v Cox [2010] QCA 262

PARTIES:

R
v
COX, Stephen Brian
(appellant/applicant)

FILE NO/S:

CA No 106 of 2009
DC No 1080 of 2009

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction & Sentence

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

1 October 2010

DELIVERED AT:

Brisbane

HEARING DATE:

23 August 2010

JUDGES:

McMurdo P, Chesterman JA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.   Appeal against conviction dismissed.

2.   Application for leave to appeal against sentence refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES NOT AMOUNTING TO MISCARRIAGE – OTHER IRREGULARITIES – where appellant was charged with misappropriation and fraud – where prosecution did not disclose a substantial number of documents to the appellant until the ninth day of the trial, contrary to s 590AB(2)(b) Criminal Code – where appellant represented himself at trial and was granted a three day adjournment to consider the documents – where appellant elected for the trial to continue – where the documents did not tend to support the appellant’s defence that two other persons were responsible for the misappropriation – whether the late supply of the documents amounted to a miscarriage of justice

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where appellant was charged with 11 counts of misappropriation with a circumstance of aggravation and one count of fraud with a circumstance of aggravation – where appellant convicted of the counts of misappropriation but acquitted of the fraud – where appellant’s head sentence was six years’ imprisonment, taking into account 10 months spent in custody for other offences – where appellant breached his bail, showed no remorse and did not plead guilty – whether a notional term of seven years was manifestly excessive

Criminal Code 1899 (Qld), s 590AB(2)(b)

R v HAU [2009] QCA 165, considered
R v Lim[2004] QCA 172, followed
R v Spizzirri [2001] 2 Qd R 686; [2000] QCA 469, considered
R v Tindale [2008] QCA 24, followed
R v Wheeler & Sorrensen[2002] QCA 223, followed

COUNSEL:

C Reid for the appellant
M J Copley SC, with B J Power, for the respondent

SOLICITORS:

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

[1]      McMURDO P: I agree with Chesterman JA's reasons for dismissing this appeal against conviction and refusing the application for leave to appeal against sentence.

[2] The sole ground of appeal against conviction concerns the prosecution's non-disclosure, until the ninth day of Mr Cox's trial, of the documents exhibited to the affidavit of Lauren Skarott, sworn and filed in this Court on 12 August 2010. I note that Mr Cox was self-represented from the commencement of his trial, apparently by choice. It is most concerning that the prosecution did not…

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Details
AGLC
R v Cox [2010] QCA 262
Case
[2010] QCA 262
Decision Date

CaseChat Overview and Summary

The appellant, Cox, was convicted of multiple counts of misappropriation and fraud. The case came before the court on appeal against both conviction and sentence. The primary issue on appeal was whether the late disclosure of documents by the prosecution during the trial constituted a miscarriage of justice. Additionally, the court considered whether the sentence imposed was manifestly excessive.

The court found that the late disclosure of documents did not amount to a miscarriage of justice. Although the disclosure occurred on the ninth day of the trial, contrary to the statutory requirement, the appellant was granted a three-day adjournment to review the documents and ultimately chose to proceed with the trial. The court held that the late disclosure did not prejudice the appellant's defence, as the documents did not support his claim that others were responsible for the misappropriation. Regarding the sentence, the court determined that the notional term of seven years was not manifestly excessive, taking into account the appellant's criminal history, breach of bail, lack of remorse, and failure to plead guilty.

The court dismissed the appeal against conviction and denied the application for leave to appeal against sentence. Consequently, the appellant's convictions and sentence were upheld.

Orders

Orders of the court

1. Appeal against conviction dismissed.

2. Application for leave to appeal against sentence refused.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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