R v Gates - [2002] QCA 320

[2002] QCA 320

COURT OF APPEAL

DAVIES JA
MACKENZIE J
HOLMES J

CA No 99 of 2002

THE QUEEN

JASON BRADLEY GATES Applicant

BRISBANE

..DATE 23/08/2002

JUDGMENT

MACKENZIE J: The applicant pleaded guilty on an ex officio indictment to seven offences of burglary, six of stealing, 10 of fraud, one of attempted fraud and one of possession of housebreaking implements with a circumstance of aggravation. There are 25 offences in all. They were committed between 14 December 2000 and 26 March 2001. The first in time was the offence of possession of housebreaking implements which was committed in Cairns. The applicant was found in dark clothes with a screwdriver in the vicinity of a hire equipment store in company with two other men who ran away. He was arrested and released on bail. The next lot of offences were committed in Townsville from mid-January 2001 until 5 February 2001. Then there were some offences in Cairns and from about 23 February 2001 to 26 March the rest were in Townsville.

The 10 offences committed in Townsville from mid-January 2001 until 5 February 2001 involved a wallet being found missing. The applicant fraudulently used credit cards obtained from it to purchase clothing, tyres, fuel and accommodation amongst other things. He also burgled a house and used a card obtained there to withdraw money from a Flexiteller. He also stole jewellery.

The three offences in Cairns were committed on 9 February 2001. He burgled a house and stole a guitar, two Samurai swords and a video recorder. He tried to dispose of the recorder and the guitar using a card stolen from Townsville as identification at a Cash Converters store. When challenged he ran off leaving the VCR behind. He later pawned the swords at another second-hand dealer. He was apparently arrested on 17 February 2001 in connection with the card that had been stolen in Townsville but released on bail again on 19 February.

The remaining 11 offences were committed in Townsville between about 23 February and 26 March. There were burglaries where easily disposable property was stolen and fraudulently disposed of. Money was withdrawn from ATMs using cards obtained from homes broken into. The total value of property and money not recovered was almost $16,000. The applicant, who was 29 at the time of all but the first offence, has a criminal history of committing similar offences since 1988. According to the Crown outline that comprised over 50 break and enters and many offences of stealing and fraud.

He has served numerous periods of imprisonment including two separate terms of four years after which re-offending seems to have begun within a short period. Not surprisingly, he has had a serious heroin problem of long standing which resulted in him losing a responsible job in early 2001. He said that he now has an appreciation that if he does not break the cycle of heroin use and criminal offences he will spend much of his life in prison. He has…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Gates

Details

AGLC: R v Gates [2002] QCA 320
Case: [2002] QCA 320
Decision Date: 23/08/2002

CaseChat Overview and Summary

The Court of Appeal in this case heard an appeal from the applicant, Jason Bradley Gates, against his sentences which were imposed following his guilty pleas to multiple charges of burglary, theft, fraud, and possession of housebreaking tools. Gates was sentenced to a range of concurrent and consecutive terms of imprisonment for these offences, which were committed between December 2000 and March 2001. The applicant contended that the sentences were excessively severe, and that insufficient credit had been given for his early guilty plea and his efforts to address his criminal behaviour and prepare for reintegration into the community. The legal issues before the court were whether the severity of the sentences was justified by the nature and extent of the offending, and whether the non-parole period was appropriate considering the applicant's early guilty plea and rehabilitation efforts.

The court considered the range of sentences that could be imposed for similar offences, taking into account the applicant's extensive criminal history and the significant amount of property involved in the offences. The court noted that, although the head sentences for burglary were not uncommon, the non-parole period of three years was excessive given the applicant's early guilty plea and attempts at rehabilitation. The court determined that a non-parole period of two and a half years was more appropriate. The court also found that the sentence for the attempted fraud offence should be reduced to the maximum allowable term of two years.

The appeal was allowed in part, with the non-parole periods for the burglary offences reduced to two and a half years. The sentences for the other offences remained as imposed by the trial judge, except for the attempted fraud offence, which was reduced to a two-year term of imprisonment. The applicant's application for leave to appeal in respect of the other counts was dismissed.

Orders