SUPREME COURT OF QUEENSLAND
CITATION:
R v Phillips & Woolgrove [2008] QCA 284
PARTIES:
R
v
PHILLIPS, Lawrence James
(first applicant)
R
v
WOOLGROVE, Christopher Paul
(second applicant)FILE NO/S:
CA No 153 of 2008
CA No 154 of 2008
DC No 2070 of 2007DIVISION:
Court of Appeal
PROCEEDING:
Sentence Applications
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
19 September 2008
DELIVERED AT:
Brisbane
HEARING DATE:
8 July 2008
JUDGES:
McMurdo P, Fraser JA and Mackenzie AJA
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Each application for leave to appeal against sentence is dismissed
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 – PARTICULAR OFFENCES – OTHER OFFENCES – COMMONWEALTH OFFENCES – where each of the applicants was convicted on his plea of guilty of an offence against s 601ED(5) of the Corporations Act 2001 (Cth) – where the first applicant was sentenced to two years imprisonment to be released after five months upon giving security by recognizance in the sum of $2,000 conditioned that he be of good behaviour for a period of two years – where the second applicant was sentenced to two years imprisonment to be released after serving six months on the same conditions as the first applicant – where the first applicant had a number of previous convictions for offences of dishonesty – where the second applicant had a number of previous convictions for offences of dishonesty including a previous conviction against s 1065 of the Corporations Law which is analogous to the provision that created the current offence – where both applicants submitted that the sentences imposed were manifestly excessive – whether in the circumstances the sentences imposed were manifestly excessive
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – PARITY – where the second applicant submitted that he was less culpable than the first applicant in the commission of the offending – where the applicants had differing roles in the commission of the offence but were ‘equal partners’ – whether the sentencing judge erred in concluding that there was no basis for distinguishing between the applicants’ respective roles in the offence
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – FACTUAL BASIS FOR SENTENCE – SENTENCE TO BE OF AND RELATED TO OFFENCE –PARTICULAR CASES – where the applicants’ pleas of guilty acknowledged the necessary element of recklessness needed to satisfy the charge – where the applicants were not charged with fraud – where the applicants submitted that the sentencing judge had sentenced them on the basis that their culpability exceeded that of recklessness – whether the sentencing judge erred in the sentencing process
CRIMINAL LAW – JURISDICTION, PRACTICE AND…
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- AGLC
- R v Phillips & Woolgrove [2008] QCA 284
- Case
- [2008] QCA 284
- Decision Date
CaseChat Overview and Summary
The legal issues revolved around whether the sentences imposed were indeed excessive, if the roles of the applicants warranted different treatment, and whether the sentencing judge had correctly considered the necessary elements of recklessness in the offence. Additionally, the applicants contended that the judge had failed to properly account for factors such as the delay in sentencing, time spent in custody, and the applicants' cooperation with authorities.
The court examined the sentencing process and concluded that the judge had appropriately considered the circumstances of the case. The court found no error in the judge's assessment of the applicants' roles or the weight given to their guilty pleas, cooperation, and other mitigating factors. The court held that the sentences were proportionate to the gravity of the offence, and the applicants' submissions did not establish that the sentences were manifestly excessive or otherwise inappropriate.
In light of the above, the court dismissed the applications for leave to appeal against the sentences. The applicants' arguments did not demonstrate any error on the part of the sentencing judge that would warrant a reduction in sentence or a new trial. The sentences imposed were thus upheld, and no further appeal was permitted.
Orders
Orders of the court
Each application for leave to appeal against sentence is dismissed
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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