R v Lawrie

[2008] QCA 97

SUPREME COURT OF QUEENSLAND

CITATION:

R v Lawrie [2008] QCA 97

PARTIES:

R
v
LAWRIE, Raelene Margaret
(applicant)

FILE NO/S:

CA No 358 of 2007
DC No 289 of 2007

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Southport

DELIVERED ON:

24 April 2008

DELIVERED AT:

Brisbane

HEARING DATE:

16 April 2008

JUDGES:

Muir JA, White and Lyons JJ
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 – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – DISPARITY – applicant pleaded guilty to three counts of fraud as an employee with a circumstance of aggravation – sentenced to three and a half years imprisonment, suspended after 12 months with an operational period of three and a half years – restitution orders made – applicant misappropriated close to $51,000 from two separate companies owned by the applicant’s employer over 20 months – the applicant had become a close confidante of the employer and was in a position of significant trust – at the time of sentencing the applicant had made payments to the employer’s bank of $10,000 as restitution for misdirecting payments made by the companies’ customers – actual restitution to the employer’s companies was only $100 – the applicant used the companies’ money to establish her own business – the employer’s livelihood and reputation have been severely affected – offending only ceased after it was uncovered – there was a timely plea although it did not proceed via an ex officio indictment – applicant had no previous convictions – applicant has two children – whether the applicant’s repayments to the bank and employer prior to sentence had been reflected in the sentence – the sentence was not manifestly excessive

R v Adams; ex parte A-G (Qld) [2006] QCA 312, considered
R v Alexander[2004] QCA 11, considered
R v La Rosa; ex parte A-G (Qld) [2006] QCA 19; considered
R v Robinson; ex parte A-G (Qld) [2004] QCA 169, considered
R v Vinson [2002] QCA 379, considered

COUNSEL:

M J Byrne QC for the applicant
M J Copley for the respondent

SOLICITORS:

McKays Solicitors for the applicant
Director of Public Prosecutions (Queensland) for the respondent

1. MUIR JA:  I agree with the reasons of Lyons J and the order she proposes.

1. WHITE J:  I agree with Lyons J that this application for leave to appeal against sentence should be refused for the reasons which she gives.

1. LYONS J:  On 16 November 2007 the applicant pleaded guilty to three counts of fraud as an employee with a circumstance of aggravation.  She was sentenced in the District Court to imprisonment for three and a half years, suspended after 12 months with an operational period of three and a half years.  The applicant appeals against this sentence on the basis that it was…