R v Cutts

[2013] QCA 237

SUPREME COURT OF QUEENSLAND

CITATION:

R v Cutts [2013] QCA 237

PARTIES:

R
v
CUTTS, Vicky Lee
(applicant)

FILE NO/S:

CA No 94 of 2013
DC No 1779 of 2012

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

28 August 2013

DELIVERED AT:

Brisbane

HEARING DATE:

23 August 2013

JUDGES:

Fraser and Gotterson JJA and Margaret Wilson J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to two counts of armed robbery and one count of attempted armed robbery – where the applicant was sentenced to concurrent terms of four years imprisonment for the counts of armed robbery and two and a-half years imprisonment for attempted armed robbery – where the applicant committed the offences whilst on parole under a sentence of imprisonment of 12 months – where the applicant contended that the sentence imposed should have been more lenient as it was wrong to describe her as instigating any of the offences – where the applicant also contended that there was a disparity between her sentence and that imposed on her co‑accused – whether the sentence was manifestly excessive

Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46, cited
Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26, cited
R v Apps [2008] QCA 326, considered
R v Kitching [2003] QCA 539, considered
R v Tiddy [1969] SASR 575, cited

COUNSEL:

The applicant appeared on her own behalf
D R Kinsella for the respondent

SOLICITORS:

The applicant appeared on her own behalf
Director of Public Prosecutions (Queensland) for the respondent

1. FRASER JA:  The applicant pleaded guilty to two counts of armed robbery and one count of attempted armed robbery.  She was sentenced on 31 January 2013 to concurrent terms of four years imprisonment for each of the counts of armed robbery and two and a half years imprisonment for the attempted armed robbery.  The sentencing judge fixed 25 November 2013 as the date upon which the applicant will be eligible for parole.  It was declared that 66 days spent by the applicant in presentence custody was time served under the sentence.  The applicant has applied for leave to appeal against the sentence on the ground that it is manifestly excessive in all of the circumstances.

1. The offences were committed at service stations at night during a 24 hour period.  The applicant was the getaway driver.  The first robbery was done at the instigation of a co-offender, Stone.  She was armed with a knife and disguised on each occasion.  The applicant instigated the second and third offences, and she supplied the disguises and the motor vehicle.  In the first offence Stone demanded money and cigarettes.  The attendant complied, handing over $540 in cash…