R v Gliddon

Case [2021] QCA 248


SUPREME COURT OF QUEENSLAND

CITATION:  R v Gliddon [2021] QCA 248

PARTIES: 

R v GLIDDON, Anthony Michael

(applicant)

FILE NO/S: 

CA No 177 of 2021 DC No 330 of 2019

DIVISION:  Court of Appeal
PROCEEDING:  Sentence Application
ORIGINATING 
COURT:  District Court at Brisbane – [2021] QDC 137 (Smith DCJA)
DELIVERED ON:  19 November 2021
DELIVERED AT:  Brisbane
HEARING DATE:  10 November 2021
JUDGES:  Sofronoff P and Bond JA and Henry J
ORDERS: 
1.  Leave to appeal sentence granted.
2. Appeal allowed.

3. 

The sentence imposed in the District Court is quashed and in substitution therefor it is ordered:

(a) the applicant is fined $5,000;

(b) if the fine is not paid by 31 March 2022 the applicant

is to be imprisoned for a period of three months;

(c) no conviction is recorded.

CATCHWORDS: 

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE –

SENTENCE MANIFESTLY EXCESSIVE OR
INADEQUATE – where the applicant repaired and sold
caravans which had previously been registered as roadworthy

vehicles but had been written off due to damage – where the applicant disclosed this to prospective purchasers – where the

applicant believed registration of the repaired vehicles was
allowed because of the rules in Queensland – where the

sentencing judge accepted the Chief Executive had the discretion to authorise registration of previously written off

vehicles – where the applicant was initially charged with various serious offences – where over four years later the

indictment before the District Court was discontinued and the
applicant pleaded guilty to a new indictment charging him with

a single count of fraud – where the charge was premised upon the allegedly inducing consequences of the applicant’s manner of completion of 73 Vehicle Registration Application forms –

where the benefit of the fraud to the applicant was only that the caravans were registered somewhat more quickly than they

otherwise would have been – where the applicant was
sentenced to 15 months imprisonment wholly suspended for an
operational period of two years – where the applicant is

69 years old and in poor health, has no relevant criminal history, had already borne the pressure and expense of having to defend himself, pleaded guilty at an early stage and had not

offended further since this offence – whether the sentence was
manifestly excessive in the circumstances

Motor Dealers and Chattel Auctioneers Act 2014 (Qld),
s 26(5), s 62

Criminal Code Act 1899 (Qld), s 194, s 408C, s 568(3) s 12(3), s 182A

Transport Operations (Road Use Management – Vehicle
Registration) Regulation 2010 (Qld), s 17
Transport Operations (Road Use Management) Act 1995
(Qld), s 52(2)

Gould v Vaggelas (1984) 157 CLR 215; [1985] HCA 75, cited Hanave Pty Ltd v LFOT Pty Ltd (1999) 43 IPR 545; [1999] FCA 357, cited

Hawker de Havilland Aerospace Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

[2005] FCA 804, cited
R v Moxon [2015] QCA 65, cited
R v Singleton;…

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R v Gliddon [2021] QCA 248
Case
[2021] QCA 248
Decision Date

CaseChat Overview and Summary

The case of R v Gliddon involved the appellant challenging a sentence imposed for fraud-related offences. The primary issue before the court was whether the sentence of imprisonment, which was suspended, was appropriate given the nature and gravity of the offence. The respondent had argued that the offence undermined the system of vehicle registration and that a more severe sentence was warranted. The court examined whether the sentence imposed was in accordance with the principles outlined in the Penalties and Sentences Act 1992 (Qld), particularly the principle that imprisonment should only be imposed as a last resort.

The court found that the offence, while serious, was less grave than previous cases of fraud considered in the submissions. It noted that the principle of personal deterrence was not strongly applicable as the appellant had already endured a lengthy and costly defence against more serious charges. Additionally, the court found no compelling reason why the appellant’s status as a licensed motor dealer during the offending period should increase the severity of the sentence. Given the appropriate level of criminality and the absence of relevant criminal history, the court concluded that a non-custodial sentence was more appropriate.

Considering the nature of the offence and the arguments presented, the court determined that a substantial fine was the most suitable form of punishment. The fine was intended to serve both as a punishment and a deterrent, particularly given the appellant's involvement in the vehicle registration business. The court re-sentenced the appellant to a substantial fine, acknowledging that the original sentence had been imposed due to an error in identifying the legal foundation for liability.

ORDERS:
1. Leave to appeal sentence granted.

Orders

Orders of the court

1.

Leave to appeal sentence granted.

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

The respondent also sought to characterise the consequence of the offence as undermining the system of registration. It is of course important that the public complete Vehicle Registration Application forms truthfully and that, when they do not, the ensuing sentence gives weight to deterrence. The difficulty for the respondent here is that the undermining consequence it so emphasises is no different in gravity than the undermining consequence of the conduct if it had been charged as offences of making a false declaration or making a false statement, which are less serious offences than fraud. Charging the offence as fraud did not uplift the comparable gravity of that consequence. Consideration It turns out that this was a comparably much less serious fraud than most. It was materially less serious than any of the past fraud sentences referred to in the parties’ submissions.[15] [15] R v Singleton; R v Singleton [2019] QCA 302; R v Moxon [2015] QCA 65. Fraud remains within that category of offence to which the principle in s 9(2)(a) Penalties and Sentences Act 1992 (Qld) applies, namely that “a sentence of imprisonment should only be imposed as a last resort”. The sentence of imprisonment imposed below was no less a sentence of imprisonment by reason of its suspension. Having regard to the level of criminality involved and the applicant’s absence of any relevant criminal history a sentence of imprisonment was not warranted. That such a sentence was imposed demonstrates there must have been error. In fairness to the learned sentencing judge, that error appears to have largely been a product of the parties’ failure, amidst their obviously pragmatic resolution of this unfortunate saga, to properly identify a legal foundation for liability. It falls to this court to re-sentence the applicant. Once it is accepted that a non- custodial sentence is apt, a substantial fine presents as the most appropriate form of punishment here. The offending was of course prolonged and there were many registration forms involved, but other considerations are also relevant in arriving at an appropriate quantum of fine. Personal deterrence would ordinarily be a significant consideration, in that the offending was persistent and the applicant has been in, and apparently aspires to continue to be in, the business of repairing vehicles in order that they may registered to his customers. However, the applicant has already borne the pressure and expense of having to defend himself, in a no costs jurisdiction, against more serious charges for more than four years before they were dropped. That process, in itself an indirect punishing consequence of his foray into wrongful completion of registration forms, will already have had a strong deterrent effect against him again being tempted to fill out a registration form incorrectly or incompletely. Personal deterrence is not a significant consideration in the circumstances. It was submitted that because the applicant became a licensed motor dealer during the offending period, that made the continuation of his offending more serious than it otherwise would have been. The detail of why that would be so went unexplained. For instance, it was not suggested the applicant’s status as a motor dealer made the wrongful completion of registration forms by him less likely to be detected than forms wrongly completed by any other declarant. Nonetheless it may be accepted it is more than ordinarily important that registration forms are filled out correctly by those who are in business as motor dealers because of the frequency with which they complete such forms. The desirability of a sentence tending to deter such persons from dishonest completion of such forms is self-evident.