R v GAC

[2007] QCA 410

SUPREME COURT OF QUEENSLAND

CITATION:

R v GAC [2007] QCA 410

PARTIES:

R
v
GAC
(applicant/appellant)

FILE NO/S:

CA No 267 of 2007
DC 553 of 2007

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Beenleigh

DELIVERED EX TEMPORE ON:

21 November 2007

DELIVERED AT:

Brisbane

HEARING DATE:

21 November 2007

JUDGES:

Williams and Holmes JJA, McMurdo J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

1.    The application for leave to appeal against sentence is  granted

2.    The appeal is allowed to the extent that the parole eligibility date is varied, substituting 23 October 2007 in lieu of 25 February 2008

CATCHWORDS:

CRIMINAL LAW – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATION TO REDUCE SENTENCE – where applicant convicted on own pleas of guilty of three counts of fraud exceeding $5,000 in value and five counts of passing valueless cheques. – where upon two of the fraud counts sentenced to six years’ imprisonment, on the other fraud count three years imprisonment and upon each of the valueless cheques counts a term of 12 months – where parole eligibility date fixed at 22 months from start of imprisonment – where head sentence not disputed - where applicant had provided information about serious criminal activity – where sentencing judge had discounted two months from parole eligibility date for cooperation – whether sentence imposed was manifestly excessive

CRIMINAL LAW – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATION TO REDUCE SENTENCE – where counsel for application concedes applicant would benefit from supervision – where amending parole eligibility date might not effectively reduce imprisonment time – where counsel seeks suspended sentence – whether suspended sentence appropriate

R v Gladowski[2000] QCA 352; (2000) 115 A Crim R 446, considered
R v Ikin [2007] QCA 224; CA No 86 of 2007, 17 July 2007, considered
R v Cheers [1997] QCA 329; CA No 214 of 1997, 26 August 1997, considered

COUNSEL:

A W Moynihan SC, with S L Crofton, for the applicant/appellant
GP Cash for the respondent

SOLICITORS:

Legal Aid for the applicant/appellant
Director of Public Prosecutions (Queensland) for the respondent

McMURDO J:  The applicant was convicted on his pleas of guilty of three counts of fraud exceeding $5000 in value and five counts of passing valueless cheques. 

Upon two of the fraud counts, he was sentenced to six years' imprisonment, on the other fraud count, a term of three years and upon each of the other counts a term of 12 months. 

The period of 514 days between 23 April 2006 and 19 September 2007 was declared as time already served under the sentences.  A parole eligibility date was fixed at 25 February 2008, that being approximately 22 months from the commencement of his imprisonment.

He applies for leave to appeal on the ground that the result was manifestly excessive.  He does not quarrel with the head sentence of six years,…