R v Sommerfeld

Case [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…

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AGLC
R v Sommerfeld [2009] QCA 333
Case
[2009] QCA 333
Decision Date

CaseChat Overview and Summary

In the case of R v Sommerfeld, the applicant was convicted on a plea of guilty for dishonestly obtaining a substantial sum of money from her employer and for breaching a recognisance. She was sentenced to six and a half years imprisonment, with eligibility for parole after serving one third of the sentence. The applicant sought an extension of time to appeal against her sentence, arguing that it would be a miscarriage of justice not to allow the extension. The application also raised the question of whether any subsequent appeal had a real prospect of success.

The central legal issues for the court to determine were whether the application for an extension of time to appeal should be allowed, and if any potential appeal had a real prospect of success. The court considered the applicant's attempts to conceal her offending through further dishonesty and the substantial sentence imposed, which indicated the gravity of the offences.

The court examined the statutory provisions governing the extension of time for appeals and assessed whether the application met the criteria for an extension. The court found that the applicant had not demonstrated that it would be a miscarriage of justice to refuse the extension of time. Furthermore, the court determined that any appeal did not have a real prospect of success, as the sentence was commensurate with the seriousness of the offending.

The court refused the application for an extension of time to appeal against the sentence.

Orders

Orders of the court

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

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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