R v Desborough

[2010] QCA 297

SUPREME COURT OF QUEENSLAND

CITATION:

R v Desborough [2010] QCA 297

PARTIES:

R
v
DESBOROUGH, Sharon Lee
(applicant/appellant)

FILE NO/S:

CA No 187 of 2010
DC No 20 of 2010

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Gladstone

DELIVERED ON:

25 October 2010

DELIVERED AT:

Brisbane

HEARING DATE:

21 October 2010

JUDGES:

McMurdo P, Muir JA and White JA
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.   Application for leave to appeal against sentence granted.

2.   Appeal against sentence allowed to the limited extent of setting aside that part of the sentence directing that the appellant be released after having served six months imprisonment, and instead directing that she be released after having served three months imprisonment.

3.   The sentence imposed at first instance is otherwise confirmed.

4.   The application to adduce further evidence is refused.

5. Direct that Mr Cremin explain to the appellant the purpose and consequences of her being released on recognizance, as required by s 16F(2) Crimes Act 1914 (Cth).

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE  – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – appellant pleaded guilty to obtaining financial advantage by deception from the Commonwealth – appellant sentenced to two years imprisonment to be released on recognizance after serving six months and ordered to repay the Commonwealth approximately $41,000 – prosecution at sentence submitted two years imprisonment to be released after three or four months was appropriate penalty – offending was of a serious nature, appellant did not disclose conduct and showed no remorse – offending did not involve the use of false identities – appellant is sole carer of her child – appellant has since obtained employment and commenced repaying Commonwealth – whether sentencing judge recognised offending was not of an aggravated type – whether sentencing judge considered importance of relevant mitigating features – whether sentence manifestly excessive

Crimes Act 1914 (Cth), s 16A(2)
Criminal Code Act 1995 (Cth), s 134.2(1)

R v Edwards; ex parte Commonwealth Director of Public Prosecutions[2001] QCA 93, distinguished
R v Newton[2010] QCA 101, followed
R v Smith[1999] QCA 518, distinguished
R v Smith[2004] QCA 417, distinguished

COUNSEL:

J Cremin for the applicant/appellant
D J Mayall for the respondent

SOLICITORS:

No appearance for the applicant/appellant
Commonwealth Director of Public Prosecutions for the respondent

[1] McMURDO P: The applicant, Sharon Lee Desborough, pleaded guilty under s 134.2(1) Criminal Code Act 1995 (Cth) to obtaining a financial advantage by deception from the Commonwealth between 24 May 2001 and 6 September 2006. On 26 July 2010, she was sentenced in the Gladstone District Court to two years imprisonment with release after six months upon giving security by recognizance in the sum of $3,000, conditioned that she be of good behaviour for three years. She was also ordered to repay the Commonwealth $41,096.22. She applies for leave to appeal against…