R v Grant-Watson

[2004] QCA 77

SUPREME COURT OF QUEENSLAND

CITATION:

R v Grant-Watson [2004] QCA 77

PARTIES:

R
v
GRANT-WATSON, Sharlene Vida

(applicant)

FILE NO/S:

CA No 360 of 2003
DC No 1984 of 2003

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED EX TEMPORE ON:

16 March 2004

DELIVERED AT:

Brisbane

HEARING DATE:

16 March 2004

JUDGES:

Davies JA, McPherson JA and Williams JA

Separate reasons for judgment of each member of the Court, each concurring as to the order made.  

ORDER:

Application for leave to appeal dismissed

CATCHWORDS:

CRIMINAL LAW – PROPERTY OFFENCES – FRAUD – where applicant aged 37 pleaded guilty to two counts of fraud on employer and school committee with a total value of $27,995.59 – whether sentence manifestly excessive in light of personal circumstances of applicant and her offer to repay

COUNSEL:

P E Nolan for the applicant

M J Copley for the respondent

SOLICITORS:

MacGillivrays for the applicant

Director of Public Prosecutions (Queensland) for the respondent 

McPHERSON JA:  The applicant was sentenced on pleas of guilty in the District Court on two indictments, each charging a count of fraud under s 408C of the Code with circumstances of aggravation.  The first charge was that during the year 2000/2001 she had dishonestly applied to her own use more than $5,000 held on account of her employer, Intergroup Shipping.  The second was that between December 1999 and July 2001 she had applied to her own use cheques to the value of more than $5,000 belonging to a Parents and Friends school committee of which she was treasurer.  She was sentenced on each charge to imprisonment for four years to be served concurrently and suspended after 18 months for a period of four and a half years.  She now applies for leave to appeal against this sentence.

The applicant seems to have begun by writing in her favour cheques drawn on a Parents and Friends account on which she was one of two authorised signatories.  She wrote 35 cheques in this way and forged the other signature required.  According to the figures given to the sentencing Judge, from the total of these cheques she misappropriated an amount of $27,995.59.  Of this a total of $19,698.49 was paid to her employer, Intergroup Shipping, from which she took cheques totalling $37,391.20, of which $7,605.56 was paid to the P and F committee.

After being confronted with these defalcations, she repaid $23,500 to the committee and $11,800 to the employer.  This was said at sentencing to have left a balance outstanding of some $19,000.  It may be that these amounts are understated because, on another view of the matter which has been debated before us, it would appear that she had misappropriated a total of $51,781.  However, the Judge sentenced her on the basis I have indicated and any increase in the amount can only militate against her application.

At sentencing she offered to repay the sum of $19,000 and to do so within 18 months.  But, while…