R v Jeffree

[2010] QCA 47

SUPREME COURT OF QUEENSLAND

CITATION:

R v Jeffree [2010] QCA 47

PARTIES:

R
v
JEFFREE, David John
(applicant)

FILE NO/S:

CA No 275 of 2009
DC No 146 of 2009

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Southport

DELIVERED ON:

12 March 2010

DELIVERED AT:

Brisbane

HEARING DATE:

3 March 2010

JUDGES:

Fraser JA and Daubney and P Lyons JJ
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

The application for leave to appeal is dismissed

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to one count of having committed fraud as an employee to the value of $5,000 or more – where the amount involved was $43,686 – where the applicant was sentenced to a term of three years imprisonment, suspended after nine months with an operational period of three years – where the applicant has made no restitution of the money and it was accepted that there is no realistic prospect of the money being repaid – where the applicant had no criminal history – where the applicant pleaded guilty – where fraud was committed to support a gambling addiction – whether the sentence imposed was manifestly excessive

R v Bulloch [2003] QCA 578, cited
R v Docherty [2009] QCA 379, cited
R v Haughland [2009] QCA 46, cited
R v La Rosa; ex parte A-G (Qld) [2006] QCA 19, applied
R v Lawrie [2008] QCA 97, applied
R v Rees [2002] QCA 469, applied
R v Robinson; ex parte A-G (Qld) [2004] QCA 169, applied
R v Sheehan [2007] QCA 409, applied
R v Shultz [1997] QCA 169, cited

COUNSEL:

W J Tolton for the applicant
P Alsbury for the respondent

SOLICITORS:

Hannay Lawyers for the applicant
Director of Public Prosecutions (Qld) for the respondent

1. FRASER JA:  I agree with the reasons for judgment of Daubney J and the order proposed by his Honour.

1. DAUBNEY J:  On 31 August 2009, the applicant pleaded guilty to one count of having committed fraud as an employee to the value of $5,000 or more.  The amount involved was $43,686.  On 8 October 2009, he was sentenced to a term of three years imprisonment, suspended after nine months with an operational period of three years.

1. The applicant now seeks leave to appeal against that sentence, contending that it was manifestly excessive.

1. The complainant in this matter was the owner of a supermarket.  In August 2007, the applicant was employed as the fruit and vegetable department manager in that supermarket.  He was responsible for the purchasing, merchandising and retailing of all fresh produce.  In January 2008, he approached his employer with a business opportunity involving the purchasing of fruit and vegetables from a new local wholesaler.  The applicant told his employer that this supplier would operate on…