R v Peterson

[2008] QCA 70

SUPREME COURT OF QUEENSLAND

CITATION:

R v Peterson [2008] QCA 70

PARTIES:

R
v
PETERSON, Paul John
(applicant)

FILE NO/S:

CA No 268 of 2007
DC No 162 of 2007

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Southport

DELIVERED ON:

28 March 2008

DELIVERED AT:

Brisbane

HEARING DATE:

17 March 2008

JUDGES:

Keane JA, Mackenzie AJA and Chesterman J
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 refused

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 – WHEN REFUSED – GENERALLY – where the applicant was convicted of one count of defrauding the Commonwealth of Australia and one count of obtaining a financial advantage resulting in a pecuniary windfall to the applicant of $722,309 – where the applicant was convicted of one count of attempting to obtain a financial advantage by deception for a value of $95,078 – where the offending occurred over a period of three and a half years – where the applicant pleaded guilty to all counts  – where the applicant was sentenced to concurrent terms of seven years imprisonment with a
non-parole period of three years and six months – where the applicant has a criminal history for offences of dishonesty extending back to 1989 – whether the sentence imposed by the learned sentencing judge was in all the circumstances manifestly excessive

El-Chaar v R [2007] NSWCCA 16, considered
R v Baunach [1999] QCA 207, considered
R v GAC[2007] QCA 410, cited
R v Gladkowski (2000) 115 A Crim R 446; [2000] QCA 352, cited
R v Hart; ex parte Cth DPP (2006) 159 A Crim R 428; [2006] QCA 39, cited

COUNSEL:

The applicant appeared on his own behalf
G R Rice for the respondent

SOLICITORS:

The applicant appeared on his own behalf
Commonwealth Director of Public Prosecutions for the respondent

1. KEANE JA:  On 13 August 2007 the applicant was convicted of one count of defrauding the Commonwealth of Australia (count 1), one count of obtaining a financial advantage by deception (count 2), one count of attempting to obtain a financial advantage by deception (count 3), and one count of using forged documents (count 4).  On 15 August 2007 he was sentenced to concurrent terms of seven years imprisonment for each offence with a non-parole period of three years and six months.

1. The applicant seeks leave to appeal against this sentence.

Circumstances of the offences

1. The applicant committed the offences for which he has been sentenced as part of a scheme to claim from the Commonwealth refunds of Goods and Services Tax ("GST") which had not in fact been paid by him.  During the period between

   
   

   26 April 2001 and 7 October 2004, he lodged 15 false Business Activity Statements ("BAS").  The claims referable…