SUPREME COURT OF QUEENSLAND
CITATION:
R v McMahon [2013] QCA 240
PARTIES:
R
v
McMAHON, Patrick Scott
(applicant)FILE NO/S:
CA No 72 of 2013
DC No 372 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Beenleigh
DELIVERED ON:
30 August 2013
DELIVERED AT:
Brisbane
HEARING DATE:
20 August 2013
JUDGES:
Margaret McMurdo P and Muir and Fraser JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Application for leave to appeal against sentence granted.
2. Appeal against sentence allowed to the limited extent of substituting a parole eligibility date of 1 September 2014 for the existing parole eligibility date of 28 February 2015.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to six counts of fraud as an employee on one indictment and to one count of fraud as an employee to the value of $30,000 or more on a later indictment – where the applicant was sentenced to two years imprisonment for each offence charged on the earlier indictment and five years imprisonment for the offence on the later indictment – where all sentences were ordered to be served concurrently and a parole eligibility date of 28 February 2015 was fixed – where the offence the subject of the later indictment was committed when the applicant was on bail for the offences the subject of the earlier indictment – where the applicant subsequently committed stealing and fraud offences while on bail for the offence the subject of the later indictment – where the applicant’s father effected restitution of the balance of the money the subject of the later indictment – where the applicant submits that an earlier parole eligibility date should have been imposed – where the applicant contends that the sentencing judge failed to give sufficient consideration to the payment of restitution, the applicant’s guilty pleas, limited criminal history and demonstrated contrition and remorse – whether the sentence was manifestly excessive
R v Alexander[2004] QCA 11, cited
R v Allen[2005] QCA 73, cited
R v Amituanai (1995) 78 A Crim R 588; [1995] QCA 80, cited
R v Elliott[2000] QCA 267, cited
R v Grant-Watson[2004] QCA 77, cited
R v Jensen; ex parte A-G (Qld)[1998] QCA 275, cited
R v La Rosa; ex parte A-G (Qld)[2006] QCA 19, cited
R v Matauaina[2011] QCA 344, cited
R v O’Keefe [1959] Qd R 395, cited
R v Power[1998] QCA 32, cited
R v Scott[1997] QCA 300, cited
R v Sommerfeld [2009] QCA 333, cited
R v Ward[2008] QCA 222, citedCOUNSEL:
R J Clutterbuck for the applicant
P McCarthy for the respondentSOLICITORS:
Ian W Bartels & Associates for the applicant
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: I agree with Muir JA’s reasons for granting…
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- AGLC
- R v McMahon [2013] QCA 240
- Case
- [2013] QCA 240
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the sentence imposed was manifestly excessive or inadequate, and whether the sentencing judge failed to give sufficient consideration to the payment of restitution, the appellant’s guilty pleas, limited criminal history, and demonstrated contrition and remorse. The court considered whether the sentence imposed was manifestly excessive, and whether the parole eligibility date should have been earlier.
The court held that the sentence was not manifestly excessive, but the parole eligibility date should be substituted with an earlier date of 1 September 2014. The court found that the sentencing judge had considered the payment of restitution, guilty pleas, limited criminal history, and demonstrated contrition and remorse, but had not given sufficient weight to these factors in determining the parole eligibility date. The court held that an earlier parole eligibility date should have been imposed.
The court granted the application for leave to appeal against sentence and allowed the appeal to the limited extent of substituting a parole eligibility date of 1 September 2014 for the existing parole eligibility date of 28 February 2015.
Orders
Orders of the court
1. Application for leave to appeal against sentence granted.
2. Appeal against sentence allowed to the limited extent of substituting a parole eligibility date of 1 September 2014 for the existing parole eligibility date of 28 February 2015.
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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