R v Harch

[2004] QCA 113

SUPREME COURT OF QUEENSLAND

CITATION:

R v Harch [2004] QCA 113

PARTIES:

R
v
HARCH, Aaron Michael

(applicant)

FILE NO/S:

CA No 45 of 2004

DC No 5 of 2004

DIVISION:

Court of Appeal

PROCEEDING:

Application for leave to appeal against sentence

ORIGINATING COURT:

District Court at Toowoomba

DELIVERED EX TEMPORE ON:

14 April 2004

DELIVERED AT:

Brisbane

HEARING DATE:

14 April 2004

JUDGES:

 McPherson and Williams JJA and Holmes J

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 – STEALING – where applicant a security guard who used position to enter premises of and steal money from employer – whether sentence of short term of imprisonment manifestly excessive given applicant 20 years old with no prior convictions

R v Wickham & Anor [1998] QCA 168; CA No 454 of 1997, CA No 455 of 1997, 25 February 1998, considered

COUNSEL:

K M McGinness for the applicant

M J Copley for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant

Director of Public Prosecutions (Qld) for the respondent

McPHERSON JA:  The applicant pleaded guilty to two counts on an ex officio indictment of: (1) entering premises with intent, and (2) stealing as a servant.

On 28 January 2004 he was sentenced in the District Court at Toowoomba to a term of six months' imprisonment to be followed by three years of probation.  A conviction was recorded in respect of each offence.

The offences were committed on 30 November 2003 when the applicant was employed as a security guard at a day and night pharmacy at Toowoomba.  As part of his duties he was required to be present at the pharmacy at 9 p.m. to secure the premises and place the takings in the safe after they had been counted by a staff member. 

On the night in question, at around 9 o'clock, he left the safe without spinning the dial, so that it could be opened later, and he did not secure the roller door, instead leaving it slightly ajar.  He left the pharmacy after accompanying two staff members to their vehicles.  A few hours later the applicant returned and entered the pharmacy by opening the unsecured roller door. 

The alarm at the pharmacy went off at 11.42 p.m. that night, though it is not clear whether or not by design and was part of the applicant’s plan to mislead the police into thinking robbers had broken in.  He then stole $5,049 in cash from the safe, plus cheques and receipts and left the scene. 

The police suspected that an insider had committed the offences as there were no signs of forced entry.  They questioned the applicant who at first denied any involvement in the offence.  The police subsequently found a sum of $2,330 in cash in the motor vehicle of the applicant hidden in a smaller bag inside a green backpack.

The applicant, after that, admitted to the offence…