R v Johnson

[2004] QCA 106

SUPREME COURT OF QUEENSLAND

CITATION:

R v Johnson [2004] QCA 106

PARTIES:

R
v
JOHNSON, Geoffrey Keith
(applicant)

FILE NO/S:

CA No 4 of 2004
DC No 385 of 2003
DC No 386 of 2003

DIVISION:

Court of Appeal

PROCEEDING:

Application for Extension (Sentence)

ORIGINATING COURT:

District Court at Brisbane

DELIVERED EX TEMPORE ON:

13 April 2004

DELIVERED AT:

Brisbane

HEARING DATE:

13 April 2004

JUDGES:

McMurdo P, McPherson JA and Holmes J
Separate reasons of each member of the Court, each concurring as to the orders made

ORDERS:

1.   Grant the extension of time within which to apply for leave to appeal against sentence

2.   Allow the application for leave to appeal against sentence

3.   Allow the appeal against sentence to the limited extent of reducing the head sentence imposed on counts 1 and 2 from seven years imprisonment to five years imprisonment

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN GRANTED – where applicant pleaded guilty to two counts of fraud with circumstance of aggravation of being an employee and one count of forgery – where sentenced to effective term of 7 years imprisonment with recommendation for post-prison community-based release after 2 years – where final amount of loss to bank about $340,000 – where did not lodge application for leave to appeal within time due to anxiety at incarceration – whether extension of time should be granted to allow application for leave to appeal to be lodged – whether sentence was manifestly excessive

COUNSEL:

The applicant appeared on his own behalf
BG Campbell for the respondent

SOLICITORS:

The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

THE PRESIDENT:  The applicant pleaded guilty to an ex officio indictment charging him with two counts of fraud with the circumstances of aggravation that he was an employee and that the property dishonestly applied exceeded $5000 and one offence of forgery.  He was sentenced to seven years imprisonment on the fraud counts and five years imprisonment on the forgery on 27 February 2003 and was recommended for post prison community based release after two years.

He attempted to file and serve a notice of appeal on 5 January 2004, nine months out of time.  He blames his anxiety at his incarceration for the delay in applying for leave to appeal on the basis that the sentence was manifestly excessive.  He says that only in mid-December did he realise he could apply for an extension of time and once he was aware of that he immediately did so. 

The offences occurred between 28 February 1999 and 31 March 2002.  The applicant had been employed as the Relationship Manager, Business Banking with the Bank of New Zealand Australia, National Australia Bank Limited.  He was largely autonomous and had access to the bank's computers. 

Count 1 covered 80 occasions on which he withdrew transferred funds from accounts for…