R v Muscat

[2005] QCA 129

SUPREME COURT OF QUEENSLAND

CITATION:	R v Muscat  [2005] QCA 129
PARTIES:	R v MUSCAT, Dean Vincent (applicant)
FILE NO/S:	CA No 433 of 2004 DC No 188 of 2004
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING COURT:	District Court at Mackay
DELIVERED ON:	29 April 2005
DELIVERED AT:	Brisbane
HEARING DATE:	15 March 2005
JUDGES:	Jerrard JA, Cullinane and Jones JJ Separate reasons for judgment of each member of the Court, each concurring as to the order made
ORDER:	Application for leave to appeal against sentence dismissed
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTON – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE - where applicant pleaded guilty to 53 property and dishonesty related offences and one count of attempted escape from lawful custody - where applicant sentenced to five years imprisonment with a recommendation for parole after serving two years imprisonment - where a number of the offences were committed while the applicant was on bail - whether learned sentencing Judge gave insufficient weight to the applicant’s plea of guilty on an ex officio indictment and for the applicant’s co-operation with the police - matters in mitigation - whether sentence manifestly excessive
COUNSEL:	S Pearson for the applicant R G Martin SC for the respondent
SOLICITORS:	Legal Aid Queensland for the applicant Department of Public Prosecutions (Queensland) for the respondent

1. JERRARD JA: In this application I have read the reasons for judgment of Cullinane J and respectfully agree with those and the order His Honour proposes.  I add that the history of the applicant’s offending behaviour suggests that on more than one occasion his co-operation with the police, which his counsel urged that the learned sentencing judge failed to take sufficiently into account, resulted in the applicant being released on bail, whereupon he further offended.  There was perhaps therefore a degree of self interest in that co-operation; the learned judge gave it appropriate consideration. 

1. CULLINANE J: The applicant seeks leave to appeal against sentences imposed upon him in respect of some 54 offences to which he pleaded guilty on an ex officio indictment in the District Court in Mackay on 24 November 2004 and some 10 summary offences which were also dealt with at that time.

1. The indictable offences to which he pleaded guilty were;

(a)        14 x stealing;

(b)        4 x wilful damage

(c)        6 x enter premises and steal

(d)        1 x attempted enter premises with intent

(e)        7 x break and enter premises and steal

(f)        2 x enter premises with intent

(g)        4 x fraud

(h)        4 x attempted fraud

(i)         2 x enter vehicle with intent to cause damage

(j)         3 x fraud

(k)        1 x enter vehicle with intent

(l)         1 x attempted stealing

(m)       1 x break and enter dwelling and commit offence

(n)        3 x break and enter dwelling with intent

(o)        1 x attempted escape from lawful custody

1. The effective sentences in respect…