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R v Matauaina

R v Matauaina

Case [2011] QCA 344 29 November 2011

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SUPREME COURT OF QUEENSLAND

CITATION:

R v Matauaina [2011] QCA 344

PARTIES:

R
v
MATAUAINA, Leafaitulagi
(applicant)

FILE NO/S:

CA No 92 of 2011
DC No 763 of 2010

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

29 November 2011

DELIVERED AT:

Brisbane

HEARING DATE:

21 October 2011

JUDGES:

Margaret McMurdo P, Fraser JA and Margaret Wilson AJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.    The application for leave to appeal against sentence is granted.

2.    The appeal is allowed.

3.    The sentence is varied by setting aside the order that the applicant pay compensation in the sum of $27,080 to Black & White Cabs Pty Ltd.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was found guilty after a trial of dishonestly obtaining money from her employer – where the applicant was sentenced to three and a half years imprisonment with parole eligibility after serving one half of that term – where the applicant argued that the sentencing judge was led into error by defence counsel’s failure to dissent from the range contended for by the prosecutor – where the sentencing judge ordered the applicant to pay compensation without hearing submissions – where the applicant argued that the imposition of the compensation order rendered the sentence manifestly excessive as a result of the serious consequences which might follow if the applicant is unable to pay – where the applicant argued that she was denied procedural fairness by the imposition of the compensation order – whether the sentence imposed is manifestly excessive – whether the compensation order ought to be set aside

Penalties and Sentences Act 1992 (Qld), s 35, s 36(1)(c)
State Penalties Enforcement Act 1999 (Qld), s 34, s 36, s 62, s 104, s 119, s 155

In re Hamilton; In re Forrest [1981] AC 1038, cited
Kirk v Industrial Court (NSW) (2009) 239 CLR 531; [2010] HCA 1, cited
R v Docherty[2009] QCA 379, considered
R v Ferrari [1997] 2 Qd R 472; [1997] QCA 73, cited
R v Frame[2009] QCA 9, cited
R v Grant-Watson[2004] QCA 77, considered
R v Jeffree [2010] QCA 47, considered
R v Robinson; ex parte A-G (Qld)[2004] QCA 169, considered
R v Scott[1997] QCA 300, considered
R v Shillingsworth [2002] 1 Qd R 527; [2001] QCA 172, cited
R v Silasack [2009] QCA 88, cited
R v Vinson[2002] QCA 379, considered
Veen v The Queen [No 2] (1988) 164 CLR 465; [1988] HCA 14, applied

COUNSEL:

K Prskalo for the applicant
R G Martin SC for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent

MARGARET McMURDO P: This application for leave to appeal…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Matauaina

Details

AGLC: R v Matauaina [2011] QCA 344
Case: [2011] QCA 344
Decision Date: 29 November 2011

CaseChat Overview and Summary

The case of R v Matauaina was heard in the Court of Appeal, where the applicant sought to appeal against the sentence imposed following her conviction for dishonestly obtaining money from her employer. The applicant was sentenced to three and a half years imprisonment with parole eligibility after serving half of that term. She contested the sentence on several grounds, including that the sentencing judge was misled by counsel's failure to challenge the prosecutor's suggested sentence range and that the imposition of a compensation order without hearing submissions rendered the sentence manifestly excessive and procedurally unfair.

The primary legal issues before the court were whether the sentence imposed was manifestly excessive and whether the compensation order should be set aside. The applicant argued that the compensation order, which required her to pay $27,080 to Black & White Cabs Pty Ltd, was imposed without adequate consideration of her ability to pay and therefore constituted a denial of procedural fairness. Additionally, the applicant contended that the serious consequences of being unable to pay the compensation might render the overall sentence excessive.

The court considered the arguments and found that the applicant's contentions had merit. The court was of the view that the sentencing judge may have been influenced by counsel's failure to challenge the prosecutor's suggested sentence range, and that the imposition of the compensation order without proper submissions from the applicant was a significant procedural irregularity. The court held that the compensation order should be set aside as it might result in serious consequences for the applicant, thereby rendering the sentence manifestly excessive. Consequently, the court granted the application for leave to appeal against the sentence, allowed the appeal, and varied the sentence by setting aside the compensation order.

Orders

Orders of the court

1. The application for leave to appeal against sentence is granted.

2. The appeal is allowed.

3. The sentence is varied by setting aside the order that the applicant pay compensation in the sum of $27,080 to Black & White Cabs Pty Ltd.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Citations

AGLC Citation

R v Matauaina [2011] QCA 344

Most Recent Citation

R v Johnson [2012] QCA 141

Cases citing this decision · 30 of 30 shown

Costigan v Commissioner of Police
[2025] QDC 68 Para 10

…mpensation order made in respect of the appellant. This interpretation is consistent with decisions of the Court of Appeal, such as R v Matauaina [2011] QCA 344 and R v Allison [2012] QCA 249, which noted that such orders which either directly or indirectly allow for imprisonment for non-payment of compensation a…
Davies v Commissioner of Police
[2025] QDC 37 Para 14

…o avenue of review. The referral allows for manageable instalments for payment of a debt but can ultimately result in imprisonment. [2] R v Matauaina [2011] QCA 344.…
R v Shannon David Jackson
[2024] QDC 61

…Justices Act 1886 (Qld), ss 222, 223 Penalties and Sentences Act (Qld) ss 9, 10, 13, 35 R v Matauaina [2011] QCA 344 R v Ferarri [1997] 2 Qld R 472…
Mathieson v Queensland Police Service
[2023] QDC 117 Para 28

…or damage caused to, a person’s property because of the offence, and any value of any benefit received from the offence. [13] Cf. R v Matauaina [2011] QCA 344.…
LGJ v Queensland Police Service
[2023] QDC 119 Para 27

…or damage caused to, a person’s property because of the offence, and any value of any benefit received from the offence. [16] Cf. R v Matauaina [2011] QCA 344.…
Jenkins v Commissioner of Police
[2021] QDC 289 Para 7

…] [16] R v O’Keefe [1959] Qd R 395, 400 (per Stanley J). [17] R v Mickelberg (1984) 13 A Crim R 365, 370 (per Brindsen J). [18] R v Matauaini [2011] QCA 344, [10]. [19] R v Robinson; ex-parte Attorney-General [2004] QCA 169, [13]. [20]Sentence Transcript 1-30, ll 22 – 1-31, l 10; Exhibit 1 – Appellant’s Outline o…
McIntyre v Commissioner of Police
[2021] QDC 163 Para 13

…cannot be considered in isolation from the consequence that an offender might be sent to prison for non-payment of compensation.” [17][2011] QCA 344, at [27]-[33]. [18][1997] 2 Qd R 472, at 477. [19]The footnote is: “See R v Silasack [2009] QCA 88, at [31] - [35], [49]; R v Shillingsworth [2002] 1 Qd R 527, at 52…
Owens v Commissioner of Police
[2021] QDC 143 Para 9

…had to the potential consequences of non-payment of the payment orders the sentences imposed were excessive. Reference was made to R v Matauaina [2011] QCA 344. While that case turned upon a lack of procedural fairness, Fraser JA (with whom McMurdo P and Margaret Wilson AJA agreed) made some observations in rela…
McLean v Workers' Compensation Regulator
[2021] QDC 22 Para 1

…he appellant might be imprisoned for a further period of time for non-payment of the compensation. [6] Pursuant to s 36(1)(c) of the Act. [7] [2011] QCA 344 at [33].…
Monsell v Commissioner of Police
[2020] QDC 250

…[6]See R v Matauaina [2011] QCA 344.…
Saunders v Commissioner of Police
[2020] QDC 90 Para 23

…Qld). While an order for compensation may not strictly be a form of punishment, it has potential punitive consequences. As discussed in R v Matauaina [2011] QCA 344, in the event of non-payment the registrar can apply a series of escalating remedies intended to encourage payment. These remedies begin with the sus…
Cej v Commissioner of Police
[2020] QDC 32 Para 1

…ror to impose upon him such a financial burden with all its attendant consequences.[3] [3] Kumar v McGarvey [2010] QDC 249; R v Matauaina [2011] QCA 344.…
Randall-Salam v Commissioner of Police
[2019] QDC 65

…) s 83 AB v R (1999) 198 CLR 111 Pavlovic v Commissioner of Police [2007] 1 Qd R 344; [2006] QCA 134 R v Ferrari [1997] QCA 073 R v Matauaina [2011] QCA 344 Teelow v Commissioner of Police [2009] 2 Qd R 489; [2009] QCA 084 COUNSEL: Solicitors for the appellant Ms T. Lawrence for the respondent SOLICITORS: Taylors…
Mar v Queensland Building and Construction Commission
[2017] QDC 304 Para 1

…rrant is at the discretion of the registrar,[48] this decision is non-reviewable.[49] [48]SPEA s.52(2). [49]SPEA s.155(1)(c)(iv) and see R v Matauina [2011] QCA 344 per Fraser JA at [33].…
Peberdy v Commissioner of Police
[2017] QDC 138 Para 1

…learned magistrate failed to have regard to the guidance provided by the Court of Appeal in R v Matauaina [2] in relation to compensation orders. [2][2011] QCA 344.…
Day v Commissioner of Police
[2017] QDC 77 Para 1

…m is imposed if compensation is not paid, the order may make the overall sentence manifestly excessive: R v Silasack [2009] QCA 88, and R v Matauaina [2011] QCA 344.…
Townsend v Commissioner of Police
[2017] QDC 45 Para 1

…involves potential exposure to serious adverse consequences for non-payment or non-recovery.[54] [52] [53]Cf s 32(2) PSA and see R v Mautauaina [2011] QCA 344 at [35]. [54] R v Mautauaina [2011] QCA 344 at [27]-[34].…
Goodwin v Commissioner of Police
[2016] QDC 349 Para 1

…no doubt distressing offence, both financially and personally, to the complainant, particularly when it was repeated just over a year later. [8] [2011] QCA 344. [9] [2011] QCA 344 at para 25. [10][2011] QCA 344.…
Blatch v Commissioner of Police
[2016] QDC 242

…es Act 1992 (Q) ss 9, 159A R v AB (1999) 198 CLR 111 R v Duncan [2006] QCA 46 R v Ewins [1996] QCA 203 R v Hughes [1998] QCA 61 R v Matauaina [2011] QCA 344 Teelow v The Commissioner of Police [2009] 2 Qd R 489 COUNSEL: Mr P Rutledge for the appellant Mr G Webber for the respondent SOLICITORS: Morton and Morton L…
Fry v Queensland Police Service
[2016] QDC 33 Para 14

…reliance has been placed upon the remarks and authority of The Queen v La Rosa; ex parte Attorney-General (Qld) [2006] QCA 19, The Queen v Matauaina [2011] QCA 344, and Irwin v the Commissioner of Police [2015] QDC 136.…
R v Flint
[2015] QCA 275 Para 3

…der that he pay $17,832.14 compensation. [9][1997] 1 Qd R 593. [10][2002] 1 Qd R 386. [11][2009] QCA 88. [12][2009] QCA 90. [13][2004] QCA 169. [14][2011] QCA 344.…
MH v Queensland police Service
[2015] QDC 124

…Public Prosecutions (1992) 65 A Crim R 209 R v Cunningham [2005] QCA 321 R v Kitson [2008] QCA 86 R v Lui [2009] QCA 366 R v Matauaina [2011] QCA 344 RAS v Commissioner of Police (No 1) [2011] QDC 366 Singh v QPS [2013] QDC 37 Teelow v Commissioner of Police [2009] 2 Qd R 489 Toole v R [2014] NSWCCA 318 W v QPS…
R v Pham
[2014] QCA 287 Para 1

…ons made to the learned sentencing judge. [14]For example: R v Frame [2009] QCA 9 at [5]–[6]; R v Hutchinson [2010] QCA 22 at [18]; R v Matauaina [2011] QCA 344 at [13].…
R v Officen
[2014] QCA 84 Para 1

…v Scott ,[28] R v Matauaina [29] and R v Roberts-O’Keefe .[30] [25][2009] QCA 333. [26][2009] QCA 377. [27][2004] QCA 77. [28][1997] QCA 300. [29][2011] QCA 344. [30][2012] QCA 260.…
R v McMahon
[2013] QCA 240 Para 1

…of $30,000 or more. Reference was made to R v Matauaina ,[10] R v Grant-Watson ,[11] R v Jensen; ex parte A-G (Qld) [12] and R v Sommerfeld .[13] [10][2011] QCA 344. [11][2004] QCA 77. [12][1998] QCA 275. [13][2009] QCA 333.…
R v Munoz
[2012] QCA 269 Para 1

…festly excessive’.”[6] [5][2010] QCA 22 at [18]. [6]Emphasis added and to the same effect: R v Frame [2009] QCA 9 at [5]-[6]; R v Matauaina [2011] QCA 344 at [13].…
R v Roberts-O'Keefe
[2012] QCA 260 Para 1

…was imposed is ‘manifestly excessive’.”[4] [3][2010] QCA 22 at [18]. [4]To the same effect: R v Frame [2009] QCA 9 at [5]-[6]; R v Matauaina [2011] QCA 344 at [13].…
R v Allison
[2012] QCA 249 Para 1

…here that the applicant might be sent to prison for non-payment of the compensation.[14] [13] R v Ferrari [1997] 2 Qd R 472, 477. [14] R v Matauaina [2011] QCA 344 at [35].…
R v Layne
[2012] QCA 227 Para 1

…ave faces a difficult task in seeking to establish that the sentence imposed was manifestly excessive: R v Frame [2009] QCA 9 at [6]; R v Matauaina [2011] QCA 344 at [13]. In R v Pacey [2005] QCA 203, this Court reviewed a number of comparables at [20] to [28]. Williams JA, with whom Jerrard JA and Mullins J agre…
R v Johnson
[2012] QCA 141

…ant's task in demonstrating that the sentence was manifestly excessive especially difficult. See R v Frame [2009] QCA 9, [5]–[6], and R v Matauaina [2011] QCA 344, [13].…

View all 30 citing cases →

Cases cited in this decision · 24 of 24 shown

R v Burton
[2010] QCA 376 Para 1

…hree years imprisonment. [6][2002] QCA 469. [7][2002] QCA 258. [8][2002] QCA 259. [9][2006] QCA 19. [10][2008] QCA 97. [11][2005] QCA 73. [12][2010] QCA 376. [13][2010] QCA 168. [14][2004] QCA 169. [15][2002] QCA 379. [16][2009] QCA 379. [17][2010] QCA 47.…
South Australia v Totani [2010] HCA 39
[2010] HCA 39 Para 1

…he detention of a person, was adverted to in Fardon v Attorney–General (Qld) (2004) 223 CLR 575 by McHugh J at [40] and in South Australia v Totani (2010) 85 ALJR 19 at 54 – 55 [146] – [147] by Gummow J (French CJ agreeing at [76]).…
R v Thacker
[2010] QCA 168 Para 1

…ent. [6][2002] QCA 469. [7][2002] QCA 258. [8][2002] QCA 259. [9][2006] QCA 19. [10][2008] QCA 97. [11][2005] QCA 73. [12][2010] QCA 376. [13][2010] QCA 168. [14][2004] QCA 169. [15][2002] QCA 379. [16][2009] QCA 379. [17][2010] QCA 47.…
R v Jeffree
[2010] QCA 47 Para 1

…ferred also to R v Caldwell [4] and submitted that nothing in the cases supported a less severe sentence than three and a half years imprisonment. [2][2010] QCA 47. [3][1997] QCA 300. [4][1990] CCA 276.…
Kirk v Industrial Court of New South Wales
[2010] HCA 1

…, s 104, s 119, s 155 In re Hamilton; In re Forrest [1981] AC 1038, cited Kirk v Industrial Court (NSW) (2009) 239 CLR 531; [2010] HCA 1, cited R v Docherty [2009] QCA 379, considered R v Ferrari [1997] 2 Qd R 472; [1997] QCA 73, cited R v Frame [2009] QCA 9, cited R v Grant-Watson [2004] QCA 77, considered R v…
R v Docherty
[2009] QCA 379 Para 1

…. [9][2006] QCA 19. [10][2008] QCA 97. [11][2005] QCA 73. [12][2010] QCA 376. [13][2010] QCA 168. [14][2004] QCA 169. [15][2002] QCA 379. [16][2009] QCA 379. [17][2010] QCA 47.…
R v Silasack
[2009] QCA 88

…9, considered R v Scott [1997] QCA 300, considered R v Shillingsworth [2002] 1 Qd R 527; [2001] QCA 172, cited R v Silasack [2009] QCA 88, cited R v Vinson [2002] QCA 379, considered Veen v The Queen [No 2] (1988) 164 CLR 465; [1988] HCA 14, applied COUNSEL: K Prskalo for the applicant R G Martin SC for the resp…
R v Frame
[2009] QCA 9 Para 1

…sed upon her was manifestly excessive when the sentence accorded with her counsel’s submission before the sentencing judge.[5] [5]See R v Frame [2009] QCA 9 at [5] - [6].…
R v Lawrie
[2008] QCA 97 Para 1

…50,000, the sentence range is two to three years imprisonment. [6][2002] QCA 469. [7][2002] QCA 258. [8][2002] QCA 259. [9][2006] QCA 19. [10][2008] QCA 97. [11][2005] QCA 73. [12][2010] QCA 376. [13][2010] QCA 168. [14][2004] QCA 169. [15][2002] QCA 379. [16][2009] QCA 379. [17][2010] QCA 47.…
R v Kitson
[2008] QCA 86 Para 1

…adverse to her interests. [22] In re Hamilton ; In re Forrest [1981] AC 1038 at 1045 per Lord Fraser of Tullybelton, referred to in R v Kitson [2008] QCA 86 at [22] - [23].…
R v La Rosa; Ex parte Attorney-General (Qld)
[2006] QCA 19 Para 1

…ing amounts up to $50,000, the sentence range is two to three years imprisonment. [6][2002] QCA 469. [7][2002] QCA 258. [8][2002] QCA 259. [9][2006] QCA 19. [10][2008] QCA 97. [11][2005] QCA 73. [12][2010] QCA 376. [13][2010] QCA 168. [14][2004] QCA 169. [15][2002] QCA 379. [16][2009] QCA 379. [17][2010] QCA 47.…
R v Allen
[2005] QCA 73 Para 1

…e range is two to three years imprisonment. [6][2002] QCA 469. [7][2002] QCA 258. [8][2002] QCA 259. [9][2006] QCA 19. [10][2008] QCA 97. [11][2005] QCA 73. [12][2010] QCA 376. [13][2010] QCA 168. [14][2004] QCA 169. [15][2002] QCA 379. [16][2009] QCA 379. [17][2010] QCA 47.…
Fardon v Attorney-General (Qld)
[2004] HCA 46 Para 1

…ise a body other than a court to enforce the criminal law by ordering the detention of a person, was adverted to in Fardon v Attorney–General (Qld) (2004) 223 CLR 575 by McHugh J at [40] and in South Australia v Totani (2010) 85 ALJR 19 at 54 – 55 [146] – [147] by Gummow J (French CJ agreeing at [76]).…
R v Robinson; ex parte A-G (Qld)
[2004] QCA 169 Para 1

…69. [7][2002] QCA 258. [8][2002] QCA 259. [9][2006] QCA 19. [10][2008] QCA 97. [11][2005] QCA 73. [12][2010] QCA 376. [13][2010] QCA 168. [14][2004] QCA 169. [15][2002] QCA 379. [16][2009] QCA 379. [17][2010] QCA 47.…
R v Grant-Watson
[2004] QCA 77 Para 1

…with a criminal history which included convictions for dishonesty. A sentence of four years imprisonment was held to be not manifestly excessive. [19][2004] QCA 77. [20][1997] QCA 300.…
R v Rees
[2002] QCA 469 Para 1

…[17] established that, for offences of dishonesty involving amounts up to $50,000, the sentence range is two to three years imprisonment. [6][2002] QCA 469. [7][2002] QCA 258. [8][2002] QCA 259. [9][2006] QCA 19. [10][2008] QCA 97. [11][2005] QCA 73. [12][2010] QCA 376. [13][2010] QCA 168. [14][2004] QCA 169. [1…
R v Vinson
[2002] QCA 379 Para 1

…8. [8][2002] QCA 259. [9][2006] QCA 19. [10][2008] QCA 97. [11][2005] QCA 73. [12][2010] QCA 376. [13][2010] QCA 168. [14][2004] QCA 169. [15][2002] QCA 379. [16][2009] QCA 379. [17][2010] QCA 47.…
R v Fisher
[2002] QCA 259 Para 1

…f dishonesty involving amounts up to $50,000, the sentence range is two to three years imprisonment. [6][2002] QCA 469. [7][2002] QCA 258. [8][2002] QCA 259. [9][2006] QCA 19. [10][2008] QCA 97. [11][2005] QCA 73. [12][2010] QCA 376. [13][2010] QCA 168. [14][2004] QCA 169. [15][2002] QCA 379. [16][2009] QCA 379.…
R v Hearnden
[2002] QCA 258 Para 1

…hat, for offences of dishonesty involving amounts up to $50,000, the sentence range is two to three years imprisonment. [6][2002] QCA 469. [7][2002] QCA 258. [8][2002] QCA 259. [9][2006] QCA 19. [10][2008] QCA 97. [11][2005] QCA 73. [12][2010] QCA 376. [13][2010] QCA 168. [14][2004] QCA 169. [15][2002] QCA 379. […
R v Shillingsworth
[2001] QCA 172

…n; ex parte A-G (Qld) [2004] QCA 169, considered R v Scott [1997] QCA 300, considered R v Shillingsworth [2002] 1 Qd R 527; [2001] QCA 172, cited R v Silasack [2009] QCA 88, cited R v Vinson [2002] QCA 379, considered Veen v The Queen [No 2] (1988) 164 CLR 465; [1988] HCA 14, applied COUNSEL: K Prskalo for the ap…
R v Scott
[1997] QCA 300 Para 1

…Caldwell [4] and submitted that nothing in the cases supported a less severe sentence than three and a half years imprisonment. [2][2010] QCA 47. [3][1997] QCA 300. [4][1990] CCA 276.…
R v Ferrari
[1997] QCA 73

…Court (NSW) (2009) 239 CLR 531; [2010] HCA 1, cited R v Docherty [2009] QCA 379, considered R v Ferrari [1997] 2 Qd R 472; [1997] QCA 73, cited R v Frame [2009] QCA 9, cited R v Grant-Watson [2004] QCA 77, considered R v Jeffree [2010] QCA 47, considered R v Robinson; ex parte A-G (Qld) [2004] QCA 169, consider…
Veen v The Queen (No 2)
[1988] HCA 14

…, cited R v Silasack [2009] QCA 88, cited R v Vinson [2002] QCA 379, considered Veen v The Queen [No 2] (1988) 164 CLR 465; [1988] HCA 14, applied COUNSEL: K Prskalo for the applicant R G Martin SC for the respondent SOLICITORS: Legal Aid Queensland for the applicant Director of Public Prosecutions (Queensland)…
[1981] AC 1038
[1981] AC 1038 Para 1

…plicant is entitled to have the compensation order set aside if it was materially adverse to her interests. [22] In re Hamilton ; In re Forrest [1981] AC 1038 at 1045 per Lord Fraser of Tullybelton, referred to in R v Kitson [2008] QCA 86 at [22] - [23].…

Legislation cited in this decision · 3

Penalties and Sentences Act 1992 (Qld)
35 2 mentions (from Para 1)
State Penalties Enforcement Act 1999 (Qld)
34 2 mentions (from Para 1)
Criminal Code and Other Acts Amendment Act 2008 (Qld)
71(1)) 1 mention (from Para 1)

CITATION:	R v Matauaina [2011] QCA 344
PARTIES:	R v MATAUAINA, Leafaitulagi (applicant)
FILE NO/S:	CA No 92 of 2011 DC No 763 of 2010
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING COURT:	District Court at Brisbane
DELIVERED ON:	29 November 2011
DELIVERED AT:	Brisbane
HEARING DATE:	21 October 2011
JUDGES:	Margaret McMurdo P, Fraser JA and Margaret Wilson AJA Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDERS:	1. The application for leave to appeal against sentence is granted. 2. The appeal is allowed. 3. The sentence is varied by setting aside the order that the applicant pay compensation in the sum of $27,080 to Black & White Cabs Pty Ltd.
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was found guilty after a trial of dishonestly obtaining money from her employer – where the applicant was sentenced to three and a half years imprisonment with parole eligibility after serving one half of that term – where the applicant argued that the sentencing judge was led into error by defence counsel’s failure to dissent from the range contended for by the prosecutor – where the sentencing judge ordered the applicant to pay compensation without hearing submissions – where the applicant argued that the imposition of the compensation order rendered the sentence manifestly excessive as a result of the serious consequences which might follow if the applicant is unable to pay – where the applicant argued that she was denied procedural fairness by the imposition of the compensation order – whether the sentence imposed is manifestly excessive – whether the compensation order ought to be set aside Penalties and Sentences Act 1992 (Qld), s 35, s 36(1)(c) State Penalties Enforcement Act 1999 (Qld), s 34, s 36, s 62, s 104, s 119, s 155 In re Hamilton; In re Forrest [1981] AC 1038, cited Kirk v Industrial Court (NSW) (2009) 239 CLR 531; [2010] HCA 1, cited R v Docherty[2009] QCA 379, considered R v Ferrari [1997] 2 Qd R 472; [1997] QCA 73, cited R v Frame[2009] QCA 9, cited R v Grant-Watson[2004] QCA 77, considered R v Jeffree [2010] QCA 47, considered R v Robinson; ex parte A-G (Qld)[2004] QCA 169, considered R v Scott[1997] QCA 300, considered R v Shillingsworth [2002] 1 Qd R 527; [2001] QCA 172, cited R v Silasack [2009] QCA 88, cited R v Vinson[2002] QCA 379, considered Veen v The Queen [No 2] (1988) 164 CLR 465; [1988] HCA 14, applied
COUNSEL:	K Prskalo for the applicant R G Martin SC for the respondent
SOLICITORS:	Legal Aid Queensland for the applicant Director of Public Prosecutions (Queensland) for the respondent