R v Sommerfeld

[2009] QCA 333

SUPREME COURT OF QUEENSLAND

CITATION:

R v Sommerfeld [2009] QCA 333

PARTIES:

R
v
SOMMERFELD, Angela Lee
(applicant)

FILE NO/S:

CA No 228 of 2009
DC No 1424 of 2009
DC No 3400 of 2008

DIVISION:

Court of Appeal

PROCEEDING:

Application for Extension (Sentence)

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

30 October 2009

DELIVERED AT:

Brisbane

HEARING DATE:

20 October 2009

JUDGES:

Keane and Holmes JJA and A Lyons J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for an extension of time within which to appeal against sentence refused

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – PROCEDURE – NOTICES OF APPEAL – TIME FOR APPEAL AND EXTENSION THEREOF – where applicant was convicted on plea of guilty to dishonestly obtaining $125,986.48 from her employer and one count of breach of recognisance – where applicant attempted to conceal the offending through further dishonesty –  where applicant sentenced to six and a half years imprisonment – where applicant eligible for parole after serving one third of the sentence – whether it would be a miscarriage of justice not to allow the application for an extension of time – whether any subsequent appeal has any real prospect of success

R v Cheers [1997] QCA 329, followed
R v Power [1998] QCA 32, followed
R v Robinson; ex parte A-G (Qld) [2004] QCA 169, considered
R v Scott [1997] QCA 300, followed
R v Ward [2008] QCA 222, followed

COUNSEL:

The applicant appeared on her own behalf
M B Lehane for the respondent

SOLICITORS:

The applicant appeared on her own behalf
Director of Public Prosecutions (Queensland) for the respondent

1. KEANE JA: I have had the advantage of reading in draft the reasons of A Lyons J.  I agree with those reasons and with the order proposed by her Honour.

1. HOLMES JA: I agree with the reasons of A Lyons J and the order her Honour proposes.

1. A LYONS J: On 12 June 2009 the applicant was sentenced on one count of fraud as an employee involving an amount of almost $126,000.  This money was taken on 20 separate occasions, in transactions which involved amounts ranging from $3,200 to $14,300.  Those offences occurred when the applicant “held a responsible position with the complainant and a position of trust,” with the sentencing judge indicating, “I don’t think the Crown Prosecutor is being unfair when he described them as systematic fraud and a gross breach of that trust”.[1]

   [1]Sentencing transcript at pp 1-3, ll 28-30.

1. The applicant was sentenced to four years imprisonment to be served cumulatively, with an activated two and a half year suspended sentence.  A parole eligibility date was fixed as 12 July 2011.  That was an effective sentence of six and a half years imprisonment, with a parole eligibility date after two years and one month. 

1. A cumulative sentence was imposed by the sentencing judge because the offences for which the applicant…