IN THE COURT OF APPEAL
[1998] QCA 421
SUPREME COURT OF QUEENSLAND
C.A. No. 348 of 1998 C.A. No. 361 of 1998
Brisbane
[R v. Theodossio and Said]
THE QUEEN
v.
RONALD WILLIAM THEODOSSIO and LISA MARIE SAID
(Applicants) Appellants de Jersey CJ
McPherson JAChesterman J
Judgment delivered 18 December 1998
Judgment of the Court.IN RELATION TO C.A. NO. 348/1998 THE APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE IS GRANTED. APPEAL ALLOWED. ORDER FOR REPARATION MADE AGAINST THE APPLICANT THEODOSSIO IS VARIED BY SUBSTITUTING AS THE AMOUNT $27,272.92.
IN RELATION TO C.A. NO. 361/1998 THE APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE IS GRANTED. APPEAL ALLOWED. THE ORDER AND SENTENCE IMPOSED BY THE LEARNED SENTENCING JUDGE AGAINST THE APPLICANT SAID IS VARIED TO THE EXTENT OF DELETING CLAUSE 8 OF THE CONDITIONS OF THE RECOGNISANCE.
CATCHWORDS:
CRIMINAL LAW - sentencing - conditional recognisance - validity of condition preventing applicant from applying to the Commonwealth for a sole parent pension or equivalent - whether sentence an invalid exercise of discretion or manifestly excessive - policy considerations - reparation ordered in addition to imprisonment - whether sentence manifestly excessive - co-offenders involved in defrauding the Commonwealth.
Isaacs v. McKinnon (1949) 80 CLR 502
Wright (1994) 74 A Crim R 152
R v. Giordano Unreported Judgment, Queensland SupremeCourt at Cairns, 28/11/95
R v. Allsopp [1972] QWN 34
Counsel: Mr P. Leask for the applicants/appellants.
Mr G. Davey for the respondent.Solicitors: Legal Aid Queensland for the applicants/appellants.
Commonwealth Director of Public Prosecutions for the
respondent.Hearing Date: 4 December 1998 REASONS FOR JUDGMENT - THE COURT
Judgment delivered 18 December 1998
The applicant Lisa Said was charged on indictment with one count of defrauding the Commonwealth. She pleaded guilty on 15 September, 1998 and, after a prolonged hearing during which she contested much of the material alleged against her, was sentenced on 18 September, 1998 to a term of imprisonment for two and a half years to be released after twelve months upon giving security by recognisance in the sum of $1,000.00. The applicant’s early release was further conditional upon a number of requirements, the last of which was the subject of some controversy and provides the basis for the application for leave to appeal against sentence. The condition was that for a period of two years following her release the applicant must not apply to the Commonwealth for a sole parent pension or the equivalent.
The applicant, Said, was a single woman born on 23 April, 1969. She lived with her co-offender, Theodossio, as man and wife and received financial support from him. On 6 March, 1994 she gave birth to a child fathered by Theodossio. Notwithstanding her domestic arrangements she applied for a sole parent pension, misrepresenting the paternity of her child and denying her relationship with Theodossio. By reason of her deception she received $42,298.44 from the Department of Social Security by way of sole parent pension and family allowance. The period in respect to which she…
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- AGLC
- R v Theodossio & Said [1998] QCA 421
- Case
- [1998] QCA 421
- Decision Date
CaseChat Overview and Summary
The court examined the discretion available to it under the relevant legislation and the principles governing sentencing. It considered whether the conditions imposed were reasonable and necessary to protect the community or the interests of the Commonwealth. The court also assessed the overall sentence, including the imprisonment term and the conditions, to determine whether it was manifestly excessive or an invalid exercise of discretion. The court had to balance the policy considerations of deterrence, denunciation, and the need for reparation against the defendants' individual circumstances.
The court found that the conditions of the recognisance orders were valid, as they were necessary to prevent the defendants from continuing their fraudulent activities and to protect the interests of the Commonwealth. The court held that the overall sentence, including the imprisonment term and the conditions, was not an invalid exercise of discretion or manifestly excessive. The court emphasised the importance of reparation in the sentencing process and noted that the defendants had been ordered to make reparation in addition to their imprisonment terms. The court concluded that the sentence was appropriate, taking into account the nature and circumstances of the offences and the need to protect the community and the interests of the Commonwealth.
The court dismissed the defendants' appeals against their sentences and upheld the validity of the conditions of their recognisance orders. The defendants were ordered to serve their imprisonment terms and comply with the conditions of their recognisance orders. The court emphasised the importance of reparation in the sentencing process and noted that the defendants had been ordered to make reparation in addition to their imprisonment terms.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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