R v Gander

[2005] QCA 45

SUPREME COURT OF QUEENSLAND

CITATION:

R v Gander [2005] QCA 45

PARTIES:

R
v
GANDER, Ronald Vikash
(applicant/appellant)

FILE NO/S:

CA No 408 of 2004
DC No 2558 of 2004
DC No 1626 of 2004
DC No 1560 of 2003

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

4 March 2005

DELIVERED AT:

Brisbane

HEARING DATE:

16 February 2005

JUDGES:

McMurdo P, Jerrard JA and Mackenzie J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

1.    Application for leave to appeal against sentence       allowed
2.    Appeal allowed to the extent of varying the orders       made on 29 October 2004 by:
      (a) deleting the orders that the applicant serve five                  years imprisonment concurrently for each of the              offences of attempted fraud and substituting                   instead concurrent sentences of four years  imprisonment for those offences
      (b) ordering that the concurrent terms of   imprisonment totalling in all four years imposed              on 29 October 2004 be served cumulatively upon              the activated suspended sentence of one year
      (c) recommending that the applicant be considered              for post-prison community-based release after                serving two years of the total period of   imprisonment, on 11 August 2006

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN GRANTED – GENERALLY – where applicant pleaded guilty to 13 dishonesty offences and one charge of attempting to pervert the course of justice – where sentencing judge imposed five years imprisonment on attempted fraud counts and lesser concurrent sentences on other counts – where judge activated suspended sentence of one year to be served cumulatively – where recommendation for post-prison community-based release after two and a half years – whether sentence imposed was manifestly excessive

Penalties and Sentences Act 1992 (Qld), s 157, s 161

R v Chard; ex parte A-G (Qld) [2004] QCA 372; CA No 277 of 2004, 8 October 2004, applied
R v Fifita [2004] QCA 201; (2004) 146 A Crim R 461, applied
R v Gregory [2004] QCA 87; CA No 370 of 2003, 26 March 2004, considered
R v Jones [1997] QCA 132; [1998] 1 Qd R 672, considered
R v Kunst [2002] QCA 400; CA No 120 of 2002, 4 October 2002, distinguished
R v Lim [2004] QCA 172; CA No 16 of 2004, 21 May 2004, considered
R v Smith [2002] QCA 528; CA No 355 of 2001, 6 December 2002, considered

COUNSEL:

D Shepherd for the applicant/appellant
S G Bain for the respondent

SOLICITORS:

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

1. McMURDO P:  I agree with the orders proposed by Jerrard JA and with his reasons.

1. JERRARD JA:  On 29 October 2004 Ronald Gander pleaded guilty in the District Court to various charges of dishonesty and one of attempting to pervert the…