R v Steindl

[2001] QCA 315

[2001] QCA 315

COURT OF APPEAL

McMURDO P
DAVIES JA
THOMAS JA

CA No 80 of 2001

THE QUEEN

v.

THOMAS WILLIAM STEINDL  Appellant

BRISBANE

..DATE 03/08/2001

JUDGMENT

THE PRESIDENT:  The Court intends to reserve the appeal against conviction and requires a transcript.  As to the application for leave to appeal against the sentence, I am satisfied the sentence was manifestly excessive.  The applicant has spent 142 days in custody and no greater penalty should have been imposed, than in respect of count 1, a fully suspended sentence of six months and in respect of count 2, a sentence of 18 months suspended forthwith. 

At this stage, I would grant the application and allow the appeal and instead of the sentence imposed below in respect of count 1, stealing, I would order the applicant be sentenced to six months' imprisonment, fully suspended, with an operational period of two years and in respect of count 2, a sentence of 18 months' imprisonment, suspended forthwith, with an operational period of two years.

DAVIES JA:  I agree.

THOMAS JA:  I agree.

THE PRESIDENT:  I should add that we will publish our reasons for this later and I note that if the appeal against conviction is successful, the conviction and sentence will automatically go.  So that is the order of the Court, thank you.
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