R v Thacker

[2010] QCA 168

SUPREME COURT OF QUEENSLAND

CITATION:

R v Thacker [2010] QCA 168

PARTIES:

R
v
THACKER, Sheryl Lyn
(applicant/appellant)

FILE NO/S:

CA No 298 of 2009
DC No 15 of 2009

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction & Sentence

ORIGINATING COURT:

District Court at Townsville

DELIVERED ON:

2 July 2010

DELIVERED AT:

Townsville

HEARING DATE:

27 May 2010

JUDGES:

McMurdo P, Cullinane and McMeekin JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1. The appeal against conviction should be refused

2. The application for leave to appeal against sentence should be refused

CATCHWORDS:

CRIMINAL MATTERS – APPEAL AND NEW TRIAL – APPEAL AGAINST CONVICTION – MISCARRIAGE OF JUSTICE – GENERALLY – where the appellant was charged with stealing as a servant – where the appellant did not give evidence at trial – where the case against the appellant was a circumstantial one – where the appellant claims her conviction was unsafe and unsatisfactory – where the appellant advanced further grounds on appeal – where there was complaint the jury were misled – where there was complaint prejudicial evidence was before the jury – whether a conviction constitutes a miscarriage of justice

CRIMINAL MATTERS – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – GENERALLY – where the learned trial Judge took the verdict of guilty as one against all transactions subject of the charge against the appellant – where the appellant has prior convictions – where the learned trial Judge fixed a parole release date at the half way mark – whether the sentence was manifestly excessive

Evidence Act 1977 (Qld)

R v Adams[1999] QCA 326, considered
R v Goodger [2009] QCA 377, considered
R v Ward[2008] QCA 222, considered

COUNSEL:

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

SOLICITORS:

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

1. cMURDO P:  MThe appeal against conviction should be dismissed and the application for leave to appeal against sentence refused for the reasons given by Cullinane J.

1. CULLINANE J:  The appellant was convicted in the District Court at Townsville after trial of stealing as a servant.  She was sentenced to four years' imprisonment.

1. She appeals against her conviction and seeks leave to appeal against the sentence imposed.

1. The appellant was unrepresented at the hearing of the appeal. 

1. She was at all relevant times employed by the Bank of Queensland.  The allegation was that between 3 January 2005 and 10 December 2005 as a servant of the bank, she stole a sum of money.

1. The total sum involved was some $70,743.81 and it is alleged that this sum was stolen over some eleven months in 2005.

1. Seven transactions were involved.  The first six occurred at the Townsville branch of the bank and the seventh occurred at the Aitkenvale branch.  The applicant was employed as a teller at the Townsville branch during…