SUPREME COURT OF QUEENSLAND
CITATION:
R v Martin [2015] QCA 257
PARTIES:
R
v
MARTIN, Julie Christine
(applicant)FILE NO/S:
CA No 17 of 2015
DC No 190 of 2014DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Beenleigh – Unreported, 12 December 2014DELIVERED ON:
4 December 2015
DELIVERED AT:
Brisbane
HEARING DATE:
26 November 2015
JUDGES:
Fraser and Philippides JJA and Jackson J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
The order of the court is:
The application for leave to appeal against sentence is refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was convicted upon her own plea of guilty for fraud – where the sentencing judge ordered that the applicant be imprisoned for six years with a parole eligibility date of 20 months from the date of the sentence – where the applicant had a moderate gambling disorder and adjustment disorder with depressed mood – whether the sentence was manifestly excessive
Criminal Code (Qld), s 408C
R v Adams; ex parte Attorney-General (Qld)[2006] QCA 312, cited
R v Cox[2010] QCA 262, cited
R v Gourley[2003] QCA 307, cited
R v Hancox [2006] QCA 333, cited
R v Lim [2004] QCA 172, cited
R v Reischl[2000] QCA 215, cited
R v Shiels [2011] QCA 115, followed
R v Spalding[2002] QCA 538, cited
R v Tindale[2008] QCA 24, cited
R v Williams[2014] QCA 154, cited
R v Wilson[2013] QCA 260, citedCOUNSEL:
The applicant appeared on her own behalf
S J Farnden for the respondentSOLICITORS:
The applicant appeared on her own behalf
Director of Public Prosecutions (Queensland) for the respondent
FRASER JA: I agree with the reasons for judgment of Jackson J and the order proposed by his Honour.
PHILIPPIDES JA: I agree, for the reasons given by Jackson J, that the application for leave to appeal against sentence should be refused.
JACKSON J: The applicant pleaded guilty on 12 December 2014 to a single count of fraud as an employee under s 408C(1)(b) and (2)(b) of the Criminal Code. It was ordered that she be imprisoned for six years and the date of eligibility for parole was fixed at 11 August 2016.
Antecedents
The applicant was aged between 45 to 49 years at the time of the offending and 52 at sentence. She had no prior criminal history.
Offending conduct
The offending occurred between 13 June 2007 and 1 July 2011. The applicant was employed by Conmat Nominees Pty Ltd. Conmat carried on business under the name “Action Powder Coaters” from 2003. Conmat operated as a small family business under the control of Mr Perrin and his wife.
The applicant was employed as the company bookkeeper. She was required to record income…
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- AGLC
- R v Martin [2015] QCA 257
- Case
- [2015] QCA 257
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed was manifestly excessive or inadequate. The applicant argued that her personal circumstances, including her mental health conditions, warranted a lesser sentence. The court was required to consider the principles governing appeals against sentence, specifically whether the sentence fell outside the range of sentences that could be regarded as appropriate in the circumstances.
In assessing the appeal, the court examined the severity of the offence, the need for deterrence, and the impact of the applicant's personal circumstances on her culpability and moral blameworthiness. The court concluded that while the applicant's mental health conditions were relevant, they did not significantly mitigate her culpability for the offence. The court also considered the need for general deterrence and the appropriate sentence for the offence of fraud. The court held that the sentence imposed was within the range of appropriate sentences for the offence and did not amount to a manifest excess.
The court refused the application for leave to appeal against sentence, affirming the original sentence imposed by the sentencing judge. The court held that the sentence was not manifestly excessive, and therefore, the appeal was without merit.
Orders
Orders of the court
The order of the court is:
The application for leave to appeal against sentence is refused.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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