R v IA

[2004] QCA 222

SUPREME COURT OF QUEENSLAND

CITATION:

R v IA [2004] QCA 222

PARTIES:

R
v
IA
(applicant)

FILE NO/S:

CA No 80 of 2004
DC No 2254 of 2003

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

2 July 2004

DELIVERED AT:

Brisbane

HEARING DATE:

29 June 2004

JUDGES:

Davies, Williams and Jerrard JJA
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for leave to appeal against sentence dismissed

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – MISCELLANEOUS MATTERS – PLEA OF GUILTY, CONTRITION AND CO-OPERATION – ASSISTANCE TO AUTHORITIES AND CO-OPERATION – where applicant convicted on his own pleas of guilty of 9 counts of fraud, 14 counts of attempted fraud and 6 counts of uttering – where offences committed resulted in losses of over $1.5M – where applicant sentenced to 5 years imprisonment for fraud offences suspended after 2 years – where pursuant to s 13A Penalties and Sentences Act 1992 (Qld) applicant received 2 year discount on head sentence to reflect his assistance in the prosecution of co-offenders – where sentence imposed the same as that imposed on co-offender who had pleaded guilty to offences resulting in a total loss of $2.9M - whether sentence manifestly excessive

Penalties and Sentences Act 1992 (Qld), s 13A

R v Corrigan [1994] 2 Qd R 415, considered
R v Taylor [1994] QCA 574; CA No 406 of 1994, 23 November 1994, considered
R v Webber [2000] QCA 316; CA No 436 of 1999, 8 August 2000, considered

COUNSEL:

A J Donaldson, with J D Griffiths, for the applicant
S G Bain for the respondent

SOLICITORS:

There was no appearance on behalf of the applicant
Director of Public Prosecutions (Queensland) for the respondent

1. DAVIES JA:  I agree with the reasons for judgment of Jerrard JA and with the order he proposes.

1. WILLIAMS JA:  I have had the advantage of reading the reasons for judgment of Jerrard JA and there is nothing I wish to add thereto.  I agree that the application should be dismissed.

1. JERRARD JA: On 4 March 2004 Mr IA pleaded guilty in the Brisbane District Court to an indictment charging him with nine counts of fraud, 14 counts of attempted fraud and six counts of uttering. Each of the fraud and attempted fraud counts were in respect of an amount greater than $5,000.00. The offences committed by Mr IA resulted in a loss to the ANZ Bank calculated at $1,595,103.07 at the date of sentence. Mr IA was sentenced in proceedings relevantly conducted according to s 13A of the Penalties and Sentences Act 1992, reflecting his past and future intended assistance in the prosecution of other co-offenders; he was sentenced to five years imprisonment for the nine offences of fraud, three years imprisonment for each offence of attempted fraud, and two years imprisonment for each…