R v Meredith

Case

[2002] QCA 481

8 November 2002


Details
AGLC Case Decision Date
R v Meredith [2002] QCA 481 [2002] QCA 481 8 November 2002

CaseChat Overview and Summary

The case of R v Meredith involved the appellant, who had been convicted of a substantial number of property offences over an extended period. He admitted his involvement in the offences, which were largely committed while he was on probation or on bail, and it was noted that he was addicted to drugs at the time of committing these offences. The appellant sought leave to appeal against his sentence, arguing that it was manifestly excessive given his personal circumstances. The court was required to decide whether the sentence was indeed too harsh and whether the sentences imposed for certain counts exceeded the maximum permissible term.

The court examined the sentence imposed, which was five years imprisonment for each count of the numerous property offences, to be served cumulatively. Additionally, two counts of attempted fraud were also sentenced to five years imprisonment each, which exceeded the statutory maximum of two and a half years for these offences. The appeal court had to determine if the sentences were appropriate and whether they should be altered. In considering the personal circumstances of the appellant, including his addiction and the timing of the offences in relation to his probation or bail, the court also needed to assess whether these factors warranted a different sentence.

Upon review, the court allowed the application for leave to appeal and found that the sentences were indeed excessive in certain respects. The court varied the sentence to address these concerns. The two sentences of six months imprisonment were to be served concurrently with each other. The sentences of five years imprisonment for specific counts were set aside and replaced with sentences of 18 months imprisonment. The remaining sentences of five years imprisonment were confirmed but to be served concurrently with each other and cumulatively upon the expiration of the six-month sentences. The total sentence, amounting to five years and six months, was to commence on the original sentencing date, with the appellant's pre-sentence custody time taken into account.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Jurisdiction

  • Sentencing

  • Appeal

  • Limitation Periods

  • Misrepresentation

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Most Recent Citation
R v MDA [2015] QDC 345

Cases Citing This Decision

10

R v MDA [2015] QDC 345
R v Mundy [2011] QCA 217
R v. Phillips [2008] QCA 5
Cases Cited

1

Statutory Material Cited

0

R v Whelan [1998] QCA 151
R v Whelan [1998] QCA 151