SUPREME COURT OF QUEENSLAND
CITATION:
R v Morehu-Barlow [2014] QCA 4
PARTIES:
R
v
MOREHU-BARLOW, Hohepa Hikairo
(applicant)FILE NO/S:
CA No 71 of 2013
DC No 404 of 2013
DC No 374 of 2013DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
7 February 2014
DELIVERED AT:
Brisbane
HEARING DATE:
15 October 2013
JUDGES:
Fraser and Gotterson JJA and McMeekin J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to two counts of aggravated fraud (counts 1 and 3), two counts of falsifying a record (counts 2 and 5), one count of uttering (count 4), one count of possessing a dangerous drug (count 6), one count of possessing a relevant substance (count 7) and a summary drug offence – where the applicant was given concurrent sentences of imprisonment of two years for counts 1, 2, 4, 5 and a sentence 12 years imprisonment to be served cumulatively for count 3, resulting in an effective term of 14 years imprisonment – where the sentencing judge fixed a parole eligibility date of 12 December 2016 – where the applicant contends that the sentence was manifestly excessive – where the applicant argued the sentencing judge had insufficient regard to the applicant’s mitigating factors and that the imposition of a cumulative term was not warranted because the only basis for accumulation was the total sum of money involved – whether the sentencing judge erred – whether the sentence was manifestly excessive
Penalties and Sentences Act 1992 (Qld), s 9(2)(b), s 9(2)(e), s 9(2)(r), s 155, 156
Markarian v The Queen (2006) 228 CLR 357; [2005] HCA 25, cited
R v Daswani (2005) 53 ACSR 675; [2005] QCA 167, considered
R v Gadaloff[1998] QCA 458, considered
R v Heiser & Cook; ex parte A-G (Qld)[1997] QCA 14, applied
R v Hinterdorfer[1997] QCA 199, considered
R v Kawada[2004] QCA 274, considered
R v Lovell[2012] QCA 43, considered
R v O’Carrigan[2013] QCA 327, consideredCOUNSEL:
D Shepherd for the applicant
M R Byrne QC for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
FRASER JA: The applicant was given an effective sentence of 14 years imprisonment for a very substantial fraud upon the State. The offences to which the applicant pleaded guilty and of which he was convicted on 19 March 2013, the maximum penalties for those offences, and the sentences imposed for them, are set out in the following table.
| Date of Offence | Offence/Maximum Penalty | Sentence |
| Ct 1: btwn 6 October 2007 – 8 August 2008. Ct 2: on or about 26 September 2008. Ct 3: btwn 28 September 2008 – 18 December… |
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- AGLC
- R v Morehu-Barlow [2014] QCA 4
- Case
- [2014] QCA 4
- Decision Date
CaseChat Overview and Summary
The court examined whether the sentencing judge erred in imposing the sentence and if it was manifestly excessive. It considered the principles of sentencing and the factors relevant to the imposition of the sentence. The court noted that the sentencing judge had considered the totality of the offending, the applicant's previous criminal history, and the need for deterrence and denunciation. The court held that the sentencing judge did not err in imposing the sentence and that it was not manifestly excessive. The court also noted that the applicant's mitigating factors had been considered and appropriately weighed against the seriousness of the offending.
The court found that the applicant had not demonstrated that the sentence was manifestly excessive or that the sentencing judge had erred in imposing it. The court rejected the applicant's argument that the imposition of a cumulative term was not warranted because the only basis for accumulation was the total sum of money involved. The court held that the sentencing judge had appropriately exercised their discretion in imposing the sentence and that there was no basis for interfering with the sentence.
The application for leave to appeal against sentence was refused. The court held that the sentence imposed by the sentencing judge was appropriate and that there was no basis for the court to interfere with the sentence. The court noted that the sentencing judge had considered the relevant factors and had exercised their discretion appropriately. The court also held that the applicant had not demonstrated that the sentence was manifestly excessive or that the sentencing judge had erred in imposing it.
Orders
Orders of the court
Application 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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