R v Ward

[2008] QCA 222

SUPREME COURT OF QUEENSLAND

CITATION:

R v Ward [2008] QCA 222

PARTIES:

R
(respondent)
v
WARD, Scott Andrew
(applicant)

FILE NO/S:

CA No 75 of 2008
DC No 250 of 2008

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED EX TEMPORE ON:

4 August 2008

DELIVERED AT:

Brisbane

HEARING DATE:

4 August 2008

JUDGES:

Muir JA, Mackenzie AJA and Wilson J
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 – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – GENERALLY – where applicant employed by a company owned by his sister and brother-in-law – where applicant convicted on plea of guilty of dishonestly obtaining $97,810.30 from his employer – where applicant attempted to conceal the offending through further dishonesty – where applicant sentenced to five years imprisonment suspended after 20 months for an operational period of five years – whether the sentence was manifestly excessive

R v Adams [1999] QCA 326, considered
R v Adams; ex parte A-G (Qld) [2006] QCA 312, considered
R v Allen[2005] QCA 73, considered
R v Hearnden[2002] QCA 258, considered
R v Parker[2007] QCA 22, considered
R v Powell, unreported, Court of Criminal Appeal, Qld,
CA No 90 of 1989, 1 June 1989, considered
R v Power[1998] QCA 32, considered
R v Ma’afu, unreported, Court of Criminal Appeal, Qld,
CA No 269 of 1990, 28 February 1991, considered

COUNSEL:

C F C Wilson for the applicant (pro bono)
M B Lehane for the respondent

SOLICITORS:

No appearance for the applicant
Director of Public Prosecutions (Queensland) for the respondent

MUIR JA:  Justice Mackenzie will deliver the first judgment.

MACKENZIE AJA:  This is an application for leave to appeal against the sentence of five years imprisonment suspended after 20 months for five years for an offence of dishonestly obtaining, as an employee, the sum of $97,810.30, the property of his employer. 

The applicant was employed by a company owned by his sister and brother-in-law whom I will, for convenience, call the victims, which provided security services in the Brisbane area through sub-contractor security officers.  Overall, the applicant was employed by the company for about eight years commencing in 1998.  He started as a security guard and became general manager when his sister and her husband moved to Kingaroy. 

During 2001 it was noticed that there were discrepancies in the company's accounts of an unspecified kind and the applicant was warned but continued as general manager.  That is not a matter relied on by the Crown. 

In May 2005 an audit revealed a large deficiency in the accounts.  The applicant had been raising false invoices and rosters to create the impression that work had been done which…