R v Warren

[1996] QCA 546

COURT OF APPEAL

[1996] QCA 546

DAVIES JA
McPHERSON JA

MOYNIHAN J

CA No 462 of 1996
THE QUEEN
v.

TRACEY GLENDA WARREN Applicant

BRISBANE
..DATE 04/12/96
041296 D.1 T13/PMD M/T COA301/96
McPHERSON JA: Yes, I'll ask Mr Justice Davies to give the first
judgment.

DAVIES JA: The applicant pleaded guilty in the District Court of Brisbane on 14 October last on two counts of stealing. She was sentenced to six months imprisonment, cumulative upon sentences which she is now serving. The applicant, who is now 32, seeks leave to appeal against the sentence imposed in this case.

In January 1996 the applicant stole purses from two handbags of people sitting at gaming tables at the Casino. Substantial sums were involved, including in one case 350 US dollars and, in the other, 200 Australian dollars. The thefts were witnessed by security officers and recorded on security camera. When confronted, the applicant admitted the offences. All of the property was recovered.

These are not major offences of stealing and it may be said on the applicant's behalf that without more they may not have justified the sentence which was imposed. However, when one has regard to her very substantial criminal history it can be seen, in my view, that the sentences were within the appropriate range.

The applicant's counsel below described her life from age 13 as having been a cycle of violence, drugs, prostitution and petty theft. That is an accurate description. She has a long criminal history. She has a large number of convictions for dishonesty, 74 for stealing, 12 for shoplifting, 54 for false pretences, one 041296 D.1 T13/PMD M/T COA301/96

of attempted burglary, five of burglary, 10 of unlawful possession and three of receiving. She has a number of convictions for offences involving violence, one of robbery, one of assaulting causing injury, two of assault occasioning bodily harm, one of assault by kicking and two of assault.

She has a number of drug offences and numerous convictions for other minor offences. She has been in jail on many occasions.

Although she has not been in jail since 1991 until shortly before the time of sentence for these offences, at the time of sentence she was serving a sentence for breach of bail, possession of tainted property and various unpaid fines. She had recently also been convicted of two other stealing offences for which she had been given fines.

Unsurprisingly, the applicant came from a dysfunctional family environment and she began taking drugs at the age of 13. She now appears to be a regular drug user, but psychiatric examination did not reveal any evidence of psychiatric illness.

She was apparently under the influence of drugs when she committed these offences and it seems plain enough that unless she can overcome her drug dependence she will continue to offend.

Although the applicant's case is, in my view, a very sad one her substantial criminal history and her poor prospect of rehabilitation left no real alternative for the learned sentencing Judge to imposing a sentence of the kind which he did. In my view, it was a sentence which was within the 041296 D.1 T13/PMD M/T COA301/96

appropriate range and I would refuse the application.

McPHERSON JA: I agree.

MOYNIHAN J: I agree.

McPHERSON JA: The application for leave to appeal is refused.

We'll now adjourn.

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