R v Fidler

Case [2010] QCA 25


SUPREME COURT OF QUEENSLAND

CITATION:

R v Fidler [2010] QCA 25

PARTIES:

R
v
FIDLER, Jodie Maree
(applicant)

FILE NO/S:

CA No 189 of 2009
DC No 255 of 2006
DC No 309 of 2007

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Cairns

DELIVERED ON:

23 February 2010

DELIVERED AT:

Brisbane

HEARING DATE:

11 February 2010

JUDGE:

Holmes, Muir and Chesterman JJA
Separate reasons for judgment of each member of the court, each concurring as to the orders made

ORDERS:

1.   Application for leave to appeal allowed;

2.   Appeal allowed;

3.   Sentences imposed by the sentencing judge set aside;

4.   For count 1 on each indictment the applicant be sentenced to three years imprisonment to be released after serving 12 months imprisonment, upon her entering into one recognizance in the sum of $500, to be of good behaviour for a period of five years, and declare that the applicant had served 13 days pre-sentence custody between 7 July 2009 and 20 July 2009;

5.   The terms of imprisonment be concurrent;

6.   Convictions recorded but no further penalty imposed in respect of the other counts on the indictments.

CATCHWORDS:

CRIMINAL LAW – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE – where applicant pleaded guilty to 12 counts (on two indictments) of dishonestly obtaining, and one count of attempting to obtain, a financial advantage by deception – where  applicant sentenced to 36 months imprisonment "on each indictment", with an order for release on recognizance after serving 18 months, conditional on the applicant being of good behaviour for a period of five years – where applicant submitted the sentence was manifestly excessive – where the applicant submitted early guilty pleas and demonstrated remorse – where the applicant had physical and psychiatric disabilities – whether the sentencing judge erred in accepting she was bound to order the applicant's release on recognizance after serving 60 to 66 per cent of the head sentence – whether the sentencing judge erred in imposing one sentence for all offences on each indictment – whether sentence manifestly excessive

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

Bertilone v The Queen (2009) 231 FLR 383; [2009] WASCA 149, cited
Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46, cited
R v Beesley[2008] QCA 240, cited
R v CAK & CAL; ex parte Cth DPP[2009] QCA 23, disapproved
R v Elliott[2000] QCA 267, cited
R v Engert (1995) 84 A Crim R 67, cited
R v Harkness [2001] VSCA 87, cited
R v Moffat & Attorney-General of Queensland, unreported, Court of Appeal, Qld, No 291 of 1998, 8 October 1998, discussed
R v Moffat & Commonwealth Director of Public Prosecutions[1998] QCA 383, discussed
R v Mokoena[2009] QCA 36, cited
R v Ngui and Tiong (2000) 1 VR 579; [2000] VSCA 78, cited
R v Nguyen and…

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Details
AGLC
R v Fidler [2010] QCA 25
Case
[2010] QCA 25
Decision Date

CaseChat Overview and Summary

The case of R v Fidler involves an appeal against the sentence imposed by the sentencing judge. The applicant, Fidler, pleaded guilty to 12 counts of dishonestly obtaining, and one count of attempting to obtain, a financial advantage by deception. Fidler was sentenced to 36 months imprisonment on each of the two indictments, with an order for release on recognizance after serving 18 months, conditional on good behaviour for a period of five years. Fidler argued that the sentence was manifestly excessive, particularly given her early guilty pleas, demonstrated remorse, and physical and psychiatric disabilities. The central legal issues for the court were whether the sentencing judge erred in ordering Fidler's release on recognizance after serving a significant portion of the head sentence, and whether the judge erred in imposing a single sentence for all offences on each indictment.

The court examined the sentencing principles and the circumstances of the case, considering the nature and circumstances of the offences, Fidler's early guilty pleas, and her demonstrated remorse. The court also took into account Fidler's physical and psychiatric disabilities, which were argued to warrant a lesser sentence. The court found that the sentencing judge erred in ordering Fidler's release on recognizance after serving 60 to 66 per cent of the head sentence. Additionally, the court held that the sentencing judge erred in imposing one sentence for all offences on each indictment, as this did not adequately reflect the different nature and severity of the individual offences. The court concluded that the sentence imposed was manifestly excessive and thus warranted interference.

As a result, the court allowed Fidler's application for leave to appeal and allowed the appeal. The sentences imposed by the sentencing judge were set aside. The court ordered that for count 1 on each indictment, Fidler be sentenced to three years imprisonment to be released after serving 12 months imprisonment, upon her entering into one recognizance in the sum of $500, to be of good behaviour for a period of five years. The court declared that Fidler had served 13 days pre-sentence custody between 7 July 2009 and 20 July 2009, and ordered that the terms of imprisonment be concurrent. Convictions were recorded but no further penalty was imposed in respect of the other counts on the indictments.

Orders

Orders of the court

1. Application for leave to appeal allowed;

2. Appeal allowed;

3. Sentences imposed by the sentencing judge set aside;

4. For count 1 on each indictment the applicant be sentenced to three years imprisonment to be released after serving 12 months imprisonment, upon her entering into one recognizance in the sum of $500, to be of good behaviour for a period of five years, and declare that the applicant had served 13 days pre-sentence custody between 7 July 2009 and 20 July 2009;

5. The terms of imprisonment be concurrent;

6. Convictions recorded but no further penalty imposed in respect of the other counts on the indictments.

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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