R v Slade

[2003] QCA 191

SUPREME COURT OF QUEENSLAND

CITATION:

R v Slade [2003] QCA 191

PARTIES:

R
v
SLADE, Dion Nelson

(applicant)

FILE NO/S:

CA No 147 of 2002
DC No 127 of 2002
DC No 160 of 2002

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Maroochydore

DELIVERED EX TEMPORE ON:

8 May 2003

DELIVERED AT:

Brisbane

HEARING DATE:

8 May 2003

JUDGES:

de Jersey CJ, Williams JA and Holmes 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 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 – GENERALLY – where large number of offences involving dishonesty considered – where criminal history including convictions for dishonesty – where breach of suspended sentences – where allowances made for cooperation with police

R v Savo [1994] QCA 513; CA 334 of 1994, 25 October 1994, considered
R v Robinson [1995] QCA 131; CA 534 of 1994, 24 April 1995, considered
R v Whelan [1998] 151; CA 430 of 1997, 17 April 1998, considered

COUNSEL:

The applicant appeared on his own behalf

M J Copley for the respondent

SOLICITORS:

The applicant appeared on his own behalf

Director of Public Prosecutions (Queensland) for the respondent

THE PRESIDENT:  Justice Holmes will deliver her reasons first.

HOLMES J:  The applicant seeks leave to appeal against a head sentence of seven and a half years' imprisonment with a recommendation for parole after three years.  That sentence was imposed on each of four counts of breaking and entering premises and stealing, one count of breaking and entering a dwelling with intent, one count of breaking and entering into a building with intent in the night, one count of being in a dwelling and stealing and one count of entering premises and stealing.

Lesser concurrent sentences were imposed in respect of two counts of receiving, four counts of fraud, seven counts of stealing, six counts of unlawful use of a motor vehicle and one count of attempted fraud. A further 424 offences, almost all of dishonesty, were taken into account pursuant to Section 189 of the Penalties and Sentences Act. More than half of those involved using stolen credit cards to obtain goods and services, but there are also some 62 counts of breaking into motor vehicles and stealing and 48 of receiving.

In all, 453 offences were committed between June 2000 and October 2001, involving property of a value in the order of $200,000.

The applicant was first apprehended by police in relation to these charges on 4 October 2000 as a result of the use of a credit card stolen from the mail service and received by him.  He was issued with a notice to appear on that occasion but continued to commit offences and was apprehended again on 25…