R v Williams - [2004] QCA 27

SUPREME COURT OF QUEENSLAND

CITATION:

R v Williams [2004] QCA 27

PARTIES:

R
v
WILLIAMS, Gail Suzanne
(applicant)

FILE NO/S:

CA No 2 of 2004
DC No 3204 of 2003
DC No 3294 of 2003

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application.

ORIGINATING COURT:

District Court at Brisbane

DELIVERED EX TEMPORE ON:

16 February 2004

DELIVERED AT:

Brisbane

HEARING DATE:

16 February 2004

JUDGES:

McMurdo P, McPherson JA and Mackenzie J
Separate reasons for judgment of each member of the Court, McPherson JA and Mackenzie J agreeing as to the order made, McMurdo P dissenting

ORDER:

Application for leave to appeal against sentence refused

CATCHWORDS:

CRIMINAL LAW – PARTICULAR OFFENCES – PROPERTY OFFENCES – BURGLARY AND LIKE OFFENCES – SENTENCING – where applicant aged 44 pleaded guilty to eight counts including burglary, fraud, stealing, and unlawful use of a motor vehicle – applicant sentenced to 18 months imprisonment to be suspended after four months – whether sentence should have been wholly suspended in light of applicant’s personal circumstances

COUNSEL:

A W Moynihan for the applicant
M J Copley for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent

McPHERSON JA: The applicant pleaded guilty in the District Court at Toowoomba in May last year to an indictment containing eight counts of (1) burglary in Brisbane in April 2002 and stealing a video camera and other items; (2) fraud in April 2002 which occurred when she pawned the video camera in Toowoomba; (3) unlawful use when she took a car on 29th November 2002 from the place where Mr Bolin had parked it at Bretts Wharf, Hamilton; (4) stealing luggage, sunglasses and other items from the car; (5) on the same day she entered a Mr Wilcock's dwelling and stole money and credit cards; (6) then she saw Ms Butcher leaving her house to go to work at night-time and entered the house and stole money and a bank card. (7) she used the bank card or credit card to withdraw money from an ATM on Ms Butcher's account and so defraud Suncorp Metway of that money; finally (8) also on 29th November 2002 she entered the house of Mr Pollard at Narangba and was inside with another person when she was caught and restrained by him.

The applicant admitted count 8 to the police - she could hardly have done otherwise, saying that she was looking for property to steal to feed her drug habit. She did not at first confess to the other offences when charged and was granted bail on counts 3 to 8 which were the ones against her at the time.

While on bail in December 2002 she entered a house at Bridgeman Downs and took a Toyota Land Cruiser which she used for some 10 days before by chance being seen by the owner and his son at a petrol station at Caloundra. They set off after her and she ran away but was identified from papers…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Williams

Details

AGLC: R v Williams [2004] QCA 27
Case: [2004] QCA 27
Decision Date: 16 February 2004

CaseChat Overview and Summary

The case of R v Williams was before the court where the applicant, aged 44, had pleaded guilty to multiple offences including burglary, fraud, stealing, and unlawful use of a motor vehicle. The court sentenced the applicant to 18 months imprisonment, to be suspended after four months. The applicant subsequently applied for leave to appeal against the sentence, arguing that it should have been wholly suspended in light of his personal circumstances.

The court was required to consider whether the sentence imposed was appropriate given the applicant's personal circumstances and whether the sentence should be varied. The court had to weigh the seriousness of the offences against the applicant's personal circumstances and any mitigating factors.

In considering the application, the court examined the nature and circumstances of the offences, the applicant's criminal history, and his personal circumstances. The court found that the sentence was appropriate given the seriousness of the offences and the need for general deterrence. The court was not persuaded that the sentence should have been wholly suspended and therefore refused the application for leave to appeal.

The court's final order was that the application for leave to appeal against the sentence was refused.

Orders

Orders of the court

Application for leave to appeal against sentence 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.

CITATION:	R v Williams [2004] QCA 27
PARTIES:	R v WILLIAMS, Gail Suzanne (applicant)
FILE NO/S:	CA No 2 of 2004 DC No 3204 of 2003 DC No 3294 of 2003
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application.
ORIGINATING COURT:	District Court at Brisbane
DELIVERED EX TEMPORE ON:	16 February 2004
DELIVERED AT:	Brisbane
HEARING DATE:	16 February 2004
JUDGES:	McMurdo P, McPherson JA and Mackenzie J Separate reasons for judgment of each member of the Court, McPherson JA and Mackenzie J agreeing as to the order made, McMurdo P dissenting
ORDER:	Application for leave to appeal against sentence refused
CATCHWORDS:	CRIMINAL LAW – PARTICULAR OFFENCES – PROPERTY OFFENCES – BURGLARY AND LIKE OFFENCES – SENTENCING – where applicant aged 44 pleaded guilty to eight counts including burglary, fraud, stealing, and unlawful use of a motor vehicle – applicant sentenced to 18 months imprisonment to be suspended after four months – whether sentence should have been wholly suspended in light of applicant’s personal circumstances
COUNSEL:	A W Moynihan for the applicant M J Copley for the respondent
SOLICITORS:	Legal Aid Queensland for the applicant Director of Public Prosecutions (Queensland) for the respondent