R v Spalding

[2002] QCA 538

SUPREME COURT OF QUEENSLAND

CITATION:

R v Spalding [2002] QCA 538

PARTIES:

R
v
SPALDING, Craig Samuel
(applicant)

FILE NO/S:

CA No 241 of 2002
DC No 42 of 2002

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Bundaberg

DELIVERED EX TEMPORE ON:

6 December 2002

DELIVERED AT:

Brisbane

HEARING DATE:

6 December 2002

JUDGES:

McMurdo P, Helman and Philippides JJ
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 - where applicant pleaded guilty by ex-officio indictment to offences of misappropriation and fraud as an employee – whether sentence manifestly excessive in the circumstances

R v Banauch [1999] QCA 207; CA No 88 of 1999, June 4 1999, referred to
R v Cheers [1997] QCA 329; CA No 214 of 1997, 21 October 1997, referred to
R v Gadaloff [1999] QCA 286; CA No 24 of 1999, 24 September 1999, referred to
R v Power [1998] QCA 032; CA No 440 of 1997, 11 February 1998, referred to
R v Reischl [2000] QCA 215; CA No 81 of 2000, June 1 2000, referred to
R v Taylor [1994] QCA 574; CA No 406 of 1994, 23 November 1994, referred to
R v Wheeler & Sorrensen [2002] QCA 223; CA Nos 56 and 57 of 2002, 25 June 2002, referred to

COUNSEL:

K M McGinness for the applicant
B G Campbell for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent

THE PRESIDENT:  The applicant pleaded guilty by ex officio indictment in the District Court at Bundaberg on 10 April 2002 to one count of misappropriation as an employee of property worth more than $5,000 between 1 July 1995 and 30 June 1997 and to a second count of fraud as an employee of property worth more than $5,000 between 1 July 1997 and 7 July 2001.
His sentence, which was then contested, was adjourned to allow the defence to have a psychological report prepared.  On 2 July 2002, the applicant was sentenced to six years' imprisonment with a recommendation for post prison community based release after two years.  The applicant contends the sentence is manifestly excessive.

The applicant was the payroll master and commercial manager for four separate companies, operating as Stewart and Sons, which employed more than 50 staff.  He was responsible for paying the employees on a weekly basis. 

The second offence in time occurred in this way.  At the suggestion of the applicant, a desk bank computerised system was introduced for which the applicant was solely responsible.  The owner of the companies, Mr Brian Stewart, was unfamiliar with computers and relied completely on the applicant who entered false records into the computer indicating that employees were owed amounts in…