SUPREME COURT OF QUEENSLAND
CITATION:
R v Robertson [2008] QCA 164
PARTIES:
R
v
ROBERTSON, Marlene Dorothy
(applicant/appellant)FILE NO/S:
CA No 29 of 2008
DC No 479 of 2007DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Ipswich
DELIVERED ON:
20 June 2008
DELIVERED AT:
Brisbane
HEARING DATE:
26 May 2008
JUDGES:
Fraser JA, Philippides and Daubney JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Allow the application for leave to appeal
2. Allow the appeal
3. Vary the sentence imposed below such that the applicant be sentenced on each count to a term of imprisonment of three years, to be released after 12 months upon her entering into a recognisance of $2,500, conditioned that she keep the peace and be of good behaviour for a period of four years
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSON – APPLICATIONS TO REDUCE SENTENCE – WHEN GRANTED – GENERALLY – where dishonest conduct by the applicant resulted in her receiving Commonwealth benefits $121,593.61 in excess of her entitlements over a 26 year period – where the applicant pleaded guilty to the offences of false pretences with intent to defraud, defrauding the Commonwealth and dishonesty causing a loss to the Commonwealth – where the applicant was sentenced on each count to a term of imprisonment for three years to be served concurrently, with a release date on bond after 15 months – where the applicant contends that the sentencing judge failed to take adequate account of her pleas of guilty, co-operation and poor state of health – whether the sentence was manifestly excessive
Crimes Act 1914 (Cth), s 16A(2), s 19AC(1), s 19AC(4),
s 19AF(1), s 19AG, s 20(1)(b)Bugmy v The Queen (1990) 169 CLR 525; [1990] HCA 18, applied
Ly v R [2007] NSWCCA 28, considered
R v Acosta [1999] NSWCCA 334, cited
R v Bernier (1998) 102 A Crim R 44, considered
R v Grice [2006] QCA 326, considered
R v Hassarati [2005] QCA 102, considered
R v Hurst; ex parte Commonwealth DPP [2005] QCA 25, cited
R v McDougall & Collas [2006] 2 Qd R 87; QCA 365, cited
R v Minassian [2007] QCA 39, considered
R v To & Do, ex parte Director of Public Prosecutions (Cth) [1999] 2 Qd R 166; [1998] QCA 106, cited
Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64, appliedCOUNSEL:
The applicant appeared on her own behalf
M D Nicolson for the respondentSOLICITORS:
The applicant appeared on her own behalf
Commonwealth Department of Public Prosecutions for the respondent
FRASER JA: The circumstances of the applicant's offending and other matters relevant to sentence are set out in the reasons of Daubney J which I have had the advantage of reading.
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- AGLC
- R v Robertson [2008] QCA 164
- Case
- [2008] QCA 164
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the sentence imposed was manifestly excessive and whether the primary judge failed to take adequate account of Robertson's pleas of guilty, co-operation, and poor state of health. The court found that the sentence imposed was manifestly excessive, and the primary judge did not adequately consider Robertson's pleas of guilty, co-operation, and poor state of health. The court held that the sentence imposed was manifestly excessive because it did not take into account the appellant's guilty pleas, co-operation, and poor state of health. The court found that the primary judge had not adequately considered the appellant's guilty pleas, co-operation, and poor state of health, which were relevant factors in determining the appropriate sentence.
Accordingly, the court allowed the appeal and varied the sentence imposed below such that the appellant be sentenced on each count to a term of imprisonment of three years, to be released after 12 months upon her entering into a recognisance of $2,500, conditioned that she keep the peace and be of good behaviour for a period of four years.
Orders
Orders of the court
1. Allow the application for leave to appeal
2. Allow the appeal
3. Vary the sentence imposed below such that the applicant be sentenced on each count to a term of imprisonment of three years, to be released after 12 months upon her entering into a recognisance of $2,500, conditioned that she keep the peace and be of good behaviour for a period of four years
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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