SUPREME COURT OF QUEENSLAND
CITATION:
R v Whiting [2013] QCA 18
PARTIES:
R
v
WHITING, Debra Maree
(applicant)FILE NO/S:
CA No 204 of 2012
DC No 281 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Townsville
DELIVERED ON:
15 February 2013
DELIVERED AT:
Brisbane
HEARING DATE:
8 February 2013
JUDGES:
Margaret McMurdo P and Fraser JA and Dalton J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant convicted of one count of fraud as an employee to the value of more than $30,000, one count of fraud to the value of more than $30,000 and a further count of fraud – where applicant transferred a total of more than $138,750 over a period of four years and ten months – where applicant was given concurrent sentences of four years and six months imprisonment for counts 1 and 2 and six months for count 3, with eligibility for parole after serving half the sentence –where applicant argued that the sentencing judge failed to take into account her anxiety and depression and the impact of the sentence on her child – whether the sentence was manifestly excessive
Penalties and Sentences Act 1992 (Qld), s 9(2)(g)
R v D’Arrigo; ex parte A-G (Qld) [2004] QCA 399, cited
R v Eveleigh[2009] QCA 257, considered
R v Freeman[2012] QCA 192, considered
R v Goodger[2009] QCA 377, distinguished
R v Gourley [2003] QCA 307, considered
R v Haddad[2009] QCA 143, cited
R v Hearnden[2002] QCA 258, considered
R v Lawrie[2008] QCA 97, considered
R v MP [2004] QCA 170, cited
R v Parish[2012] QCA 112, considered
R v Tilley (1991) 53 A Crim R 1, cited
R v Tsiaras [1996] 1 VR 398; [1996] Vic Rp 26, cited
R v Verdins (2007) 16 VR 269; [2007] VSCA 102, cited
R v Ward [2008] QCA 222, considered
R v Wirth (1976) 14 SASR 291, cited
R v Yarwood[2011] QCA 367, consideredCOUNSEL:
G J Watson for the applicant
M R Byrne SC for the respondentSOLICITORS:
Cranston McEachern Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: I agree with Fraser JA’s reasons for refusing the application for leave to appeal against sentence.
FRASER JA: After a trial in the District Court the applicant was convicted of one count of fraud as an employee in which the yield to her was of the value of more than $30,000, one count of fraud in which the yield to her was of a value of more than $30,000, and one count of fraud. On 19 July 2012 the applicant was given concurrent sentences of four…
Continue reading R v Whiting
Sign in free to access the full text
- AGLC
- R v Whiting [2013] QCA 18
- Case
- [2013] QCA 18
- Decision Date
CaseChat Overview and Summary
The primary issue before the court was whether the sentence imposed was manifestly excessive or inadequate. Whiting contended that the sentencing judge failed to adequately consider her personal circumstances, specifically her anxiety and depression, which she argued should have warranted a lesser sentence. The court was required to determine whether the sentence was outside the range of reasonable responses and whether the sentencing judge erred in failing to take Whiting's mental health and the impact on her child into account.
The court found that the sentencing judge had considered Whiting's mental health, noting that she had received psychiatric care and was prescribed medication. The court also observed that the judge had considered the impact of the sentence on Whiting's child but found that this did not warrant a lesser sentence. The court held that the sentence was not manifestly excessive, as it fell within the range of reasonable responses for the crimes committed. The appeal against the sentence was dismissed.
The court made no alteration to the sentence imposed. The application was refused, and Whiting remains subject to the original terms of imprisonment and parole eligibility.
Orders
Orders of the court
Application refused.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.