R v Parker

Case [2007] QCA 22


SUPREME COURT OF QUEENSLAND

CITATION:

R v Parker [2007] QCA 22

PARTIES:

R
v
PARKER, Tracey Leigh
(applicant/appellant)

FILE NO/S:

CA No 298 of 2006
DC No 374 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Maroochydore

DELIVERED EX REMPORE ON:


5 February 2007

DELIVERED AT:

Brisbane

HEARING DATE:

5 February 2007

JUDGES:

McMurdo P, Keane JA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

1. Application for leave to appeal against sentence granted, appeal against sentence allowed and sentence imposed set aside.
2. In place of the sentence imposed below; in relation to Count 3, the applicant be sentenced to five years imprisonment to be suspended after 21 months for an operational period of five years; in relation to each of Counts 1, 2, 4, 5, 6, 7, 9 and 10 the applicant is sentenced to three years imprisonment to be suspended after 21 months for an operational period of five years; and  in relation to Count 8 the applicant is sentenced to 18 months imprisonment.

CATCHWORDS:

CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEAL BY CONVICTED PERSONS - APPLICATIONS TO REDUCE SENTENCE - where applicant pleaded guilty to six counts of fraud, two counts of stealing as a servant, one count of dishonest application of a computer and one count of using a computer with intent to commit an indictable offence - where applicant sentenced to five years imprisonment suspended after 21 months for an operational period of five years - whether sentence manifestly excessive - whether sentencing judge erred in law by imposing single sentence of imprisonment for all counts

R v Adams; ex parte Attorney-General (Qld) [2006] QCA 312;  CA No 115 of 2006, 25 August 2006, distinguished

R v Crofts (1998) 100 A Crim R 503; [1998] QCA 60, applied

R v Gourley [2003] QCA 307; CA No 153 of 2003, 21 July 2003, distinguished 
R v Spalding [2002] QCA 538; CA No 241 of 2002, 6 December 2002, distinguished

Penalties and Sentences Act 1992 (Qld)

COUNSEL:

C J Callaghan (sol) for the applicant
D Meredith for the respondent

SOLICITORS:

Callaghan Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent

THE PRESIDENT:  Justice Keane will deliver his reasons first.

KEANE JA:  On 11 October 2006 the applicant was convicted, on her own plea of guilty, of six counts of fraud, two counts of stealing as a servant, one count of dishonest application of a computer and one count of using a computer with intent to commit an indictable offence.  She was sentenced to five years imprisonment to be suspended after 21 months for an operational period of five years.

The applicant seeks leave to appeal against her sentence on the grounds that the sentences were "manifestly excessive"; and that the learned sentencing judge "erred in…

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Details
AGLC
R v Parker [2007] QCA 22
Case
[2007] QCA 22
Decision Date

CaseChat Overview and Summary

The applicant in this case, Parker, appealed against his sentence following his conviction on various counts of fraud, theft, and computer misuse. The appeal was heard by the Queensland Court of Appeal. The key issue before the court was whether the sentence imposed by the trial judge was manifestly excessive and whether the judge erred in law by imposing a single sentence of imprisonment for all counts.

The court examined the sentencing principles outlined in relevant statutes and previous case law. It noted that the trial judge had not sufficiently differentiated between the various offences and their respective seriousness. The court found that the imposition of a single sentence for all counts was inappropriate and that the overall sentence was excessive, particularly in light of the applicant’s guilty plea and early admission of guilt. The court also took into account the need for deterrence and the protection of the community.

Consequently, the court allowed the appeal against sentence and set aside the original sentence. In its place, the court imposed varying sentences for each count, reflecting the seriousness of the offences and the need for appropriate punishment and deterrence. The new sentences ranged from three years to five years imprisonment, with some sentences to be suspended after a specified period.

Orders

Orders of the court

1. Application for leave to appeal against sentence granted, appeal against sentence allowed and sentence imposed set aside.

2. In place of the sentence imposed below; in relation to Count 3, the applicant be sentenced to five years imprisonment to be suspended after 21 months for an operational period of five years; in relation to each of Counts 1, 2, 4, 5, 6, 7, 9 and 10 the applicant is sentenced to three years imprisonment to be suspended after 21 months for an operational period of five years; and in relation to Count 8 the applicant is sentenced to 18 months imprisonment.

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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