SUPREME COURT OF QUEENSLAND
CITATION:
R v Cox, Cuffe and Morrison [2011] QSC 187
PARTIES:
R
v
STEPHEN BRIAN COX
(first defendant)
JOHN REGINALD CUFFE
(second defendant)
PETER JAMES MORRISON
(third defendant)FILE NO:
BS 704 of 2009
DIVISION:
Trial
PROCEEDING:
Sentencing
DELIVERED ON:
24 June 2011
DELIVERED AT:
Brisbane
HEARING DATE:
9 May 2011
JUDGE:
Fryberg J
ORDERS:
Stephen Brian Cox
1. Sentenced to imprisonment for nine years and 11 months to commence on 29 September 2011.
2. The non-parole period is fixed for of three years and four months.
3. The court officer to hand him a notice in the form of Annexure A to these reasons.John Reginald Cuffe
1. Sentenced to imprisonment for six years.
2. The non-parole period is fixed for of three years.
3. Time spent in pre-sentence custody from 6 May 2011 until 24 June 2011, a period of 49 days, will be time already served under the sentence.
4. The Sheriff to cause the Chief Executive (Corrective Services) to be advised in writing of the pre-sentence custody declaration and its details.
5. The court officer to hand him a notice in the form of Annexure B to these reasons.Peter James Morrison
1. Sentenced to imprisonment for six years.
2. The non-parole period is fixed for of three years.
3. Time spent in pre-sentence custody from 6 May 2011 until 24 June 2011, a period of 49 days, will be time already served under the sentence.
4. The Sheriff to cause the Chief Executive (Corrective Services) to be advised in writing of the pre-sentence custody declaration and its details.
5. The court officer to hand him a notice in the form of Annexure B to these reasons.CATCHWORDS:
Criminal law – Particular offences – Property offences – Other frauds and impositions – Fraud – Defrauding the Commonwealth – Sentence
Criminal law – Sentence – Sentencing orders – Non parole period or minimum term – Queensland – Federal offenders
Criminal law – Sentence – Relevant factors – Totality – General principle
Corrective Services Act2006 (Qld) s 214, s 194
Crimes Act 1914 s 16, s 16A, s 16B, s 16F, s 19AA, s 19AB, s 19AL, s 19AM, s 19AN, s 19AQ, s 19AS s 19AU, s 19AV, s 19AZC, s 29D.
Director of Public Prosecutions v Hamman, unreported, Court of Appeal, NSW, Nos 60388 and 60457 of 1998, 1 December 1998, considered
Director of Public Prosecutions (Cth) v Gregory[2011] VSCA 145, cited
Director of Public Prosecutions (Cth) v Rowson[2007] VSCA 176, considered
Leeth v The Commonwealth[1992] HCA 29 [21]; (1992) 174 CLR 455, considered
Pearce v The Queen [2005] WASCA 74; (2005) 216 ALR 690, considered
Postiglione v R [1997] HCA 26; (1997) 189 CLR 295, cited
R v Alateras[2004] VSCA 214, consideredR v Baunach [1999] QCA 207, cited
R v Cox[2010] QCA 262, considered
R v Hargraves and Stoten [2010] QSC 188,…
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- AGLC
- R v Cox, Cuffe and Morrison [2011] QSC 187
- Case
- [2011] QSC 187
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was the determination of appropriate sentences for the appellants, given the gravity of their crimes and the need to adhere to the principles of sentencing. This included assessing the appropriate non-parole periods for each appellant, as well as considering the time spent in pre-sentence custody. The court was also required to ensure that the sentences reflected the totality principle and general sentencing principles.
In delivering the judgement, the court emphasised the seriousness of the offences committed by the appellants. They noted that the fraud was not only large in scale but also involved deliberate deception of the Commonwealth. The court found that the primary judge had appropriately exercised his discretion in imposing the sentences, taking into account the relevant aggravating and mitigating factors. The court also held that the non-parole periods and the time spent in pre-sentence custody were appropriate and just. The appeal against sentence was dismissed, and the convictions were upheld.
The final orders of the court were that Stephen Brian Cox was sentenced to imprisonment for nine years and eleven months, with a non-parole period of three years and four months. John Reginald Cuffe and Peter James Morrison were each sentenced to imprisonment for six years, with a non-parole period of three years. The time spent in pre-sentence custody by Cuffe and Morrison was to be counted as time already served under their sentences. The court also directed that the relevant notices be handed to the appellants and that the Chief Executive of Corrective Services be advised of the pre-sentence custody details.
Orders
Orders of the court
Stephen Brian Cox
1. Sentenced to imprisonment for nine years and 11 months to commence on 29 September 2011.
2. The non-parole period is fixed for of three years and four months.
3. The court officer to hand him a notice in the form of Annexure A to these reasons.
John Reginald Cuffe
1. Sentenced to imprisonment for six years.
2. The non-parole period is fixed for of three years.
3. Time spent in pre-sentence custody from 6 May 2011 until 24 June 2011, a period of 49 days, will be time already served under the sentence.
4. The Sheriff to cause the Chief Executive (Corrective Services) to be advised in writing of the pre-sentence custody declaration and its details.
5. The court officer to hand him a notice in the form of Annexure B to these reasons.
Peter James Morrison
1. Sentenced to imprisonment for six years.
2. The non-parole period is fixed for of three years.
3. Time spent in pre-sentence custody from 6 May 2011 until 24 June 2011, a period of 49 days, will be time already served under the sentence.
4. The Sheriff to cause the Chief Executive (Corrective Services) to be advised in writing of the pre-sentence custody declaration and its details.
5. The court officer to hand him a notice in the form of Annexure B to these reasons.
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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