R v Price

[2008] QCA 330

SUPREME COURT OF QUEENSLAND

CITATION:

R v Price [2008] QCA 330

PARTIES:

R
v
PRICE, Dzung
(applicant)

FILE NO/S:

CA No 205 of 2008
DC No 952 of 2008

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

24 October 2008

DELIVERED AT:

Brisbane

HEARING DATE:

13 October 2008

JUDGES:

Keane, Holmes and Fraser JJA
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 – where the applicant was convicted on her own plea of one count of unauthorised writing of prescriptions – where the applicant was sentenced to
12 months imprisonment, to be released forthwith upon providing security in the sum of $1,000 to be of good behaviour for a period of two years – where a conviction was recorded – where the applicant was ordered to make full reparation to the Commonwealth – where the offending conduct did not involve any intention by the applicant to defraud – whether the sentence imposed by the learned sentencing judge was in the circumstances manifestly excessive

Crimes Act 1914 (Cth), s 19B, s 20(1)(a)
National Health Act 1953 (Cth), s 88A, s 103(5)(h)

Matta v ACCC [2000] FCA 729, cited
R v Clark, unreported, Newton DCJ, District Court, Queensland, 28 May 2001, considered
R v Holdsworth[1993] QCA 242, applied
R v Hooper; ex parte Cth DPP[2008] QCA 308, applied

COUNSEL:

B W Farr SC for the applicant
D N Adsett for the respondent

SOLICITORS:

Coyne & Associates for the applicant
Commonwealth Director of Public Prosecutions for the respondent

1. KEANE JA: 

   On 3 July 2008 the applicant was convicted on her own plea of one count of unauthorised writing of prescriptions between 27 August 2002 and

   
   

   2 November 2004 in contravention of s 103(5)(h) and s 88A of the National Health Act 1953 (Cth).

1. The applicant was sentenced to 12 months imprisonment, to be released forthwith upon giving security in the sum of $1,000 to be of good behaviour for a period of two years.  She was ordered to pay $27,821.93 by way of reparation to the Commonwealth in respect of the subsidy provided by the Commonwealth of the cost of drugs prescribed by the applicant.  The learned sentencing judge rejected an application that no conviction be recorded.

1. The applicant now seeks to appeal against her sentence on the grounds that:

"(a)The learned sentencing judge failed to place sufficient weight on mitigating factors in favour of the applicant;

(b)        The sentence imposed is manifestly excessive."

The circumstances of the offending

1. The applicant is a medical practitioner in general practice in Queensland since 1990.  She was approved as a provider and prescriber under the Medicare Program and the Pharmaceutical Benefits…