COURT OF APPEAL
WILLIAMS JA
WHITE J
PHILIPPIDES J
CA No 12 of 2002
THE QUEEN
v.
ANTHONY MICHAEL EASTON Applicant
BRISBANE
..DATE 21/03/2002
JUDGMENT
WILLIAMS JA: I will ask Justice White to deliver the first judgment in this matter.
WHITE J: The applicant seeks leave to appeal against sentence. In his application form he complains about the failure to obtain a recommendation for early release or an order for a partially suspended sentence from the sentencing Judge but he does not complain about the head sentence and that is the position which Mr Weston, who appears for the applicant, has taken on this application.
The applicant pleaded guilty on ex officio indictment on 30 November 2001 in the District Court to nine counts of breaking and entering premises and stealing, two counts of entering premises with intent to commit an indictable offence, two counts of attempted entry of premises with intent to commit an indictable offence, one count of entering premises and stealing, two counts of stealing and one count of unlawful use of a motor vehicle.
A schedule of summary offences was taken into account pursuant to section 189 of the Penalties and Sentences Act. There were said by the learned sentencing Judge to be more than 50 such summary offences. His Honour below imposed a head sentence of 35 months for all matters save the stealing and unlawful use for which he imposed terms of imprisonment of six and 12 months respectively.
The last five offences were committed while the applicant was on bail for the earlier offences. His Honour imposed a cumulative sentence of one month for breach of bail making a total head sentence of three years. His Honour took as his starting point a sentence of four years which was proposed by the prosecutor and not really disputed by defence counsel although he tended to drift towards three years as the appropriate head sentence in the course of his submissions.
His Honour then reduced that head sentence of four years by 12 months to reflect the plea of guilty and matters personal to the applicant and made no other recommendation. A declaration of 206 days of presentence custody was made. The first group of offences occurred between 1 January and 7 March 2001. The applicant was taken into custody on 8 March until 13 June when he was released on Supreme Court bail.
The final group of offences occurred in early August 2001. He was returned to custody on 15 August and remained in custody until his sentence on 30 November. The bulk of the indictable offences consisted of the applicant breaking into various commercial premises and stealing whatever goods he no doubt thought he could sell or exchange. The applicant was addicted to amphetamines and told the police that he had a gambling addiction.
The total loss, including damage to the various premises, was $42,435. The schedule of facts which was tendered by the prosecution sets out the detail of…
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- AGLC
- R v Easton [2002] QCA 110
- Case
- [2002] QCA 110
- Decision Date
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