R v Wilson

SUPREME COURT OF QUEENSLAND

CITATION:

R v Wilson [2000] QCA 318

PARTIES:

THE QUEEN
V
WILSON, Kristy Marie
(applicant/appellant)

FILE NO/S:

CA No 97 of 2000
DC No 409 of 2000
DC No 1909 of 1999

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

8 August 2000

DELIVERED AT:

Brisbane

HEARING DATE:

28 July 2000

JUDGES:

McPherson and Davies JJA, Mullins J
Judgment of the Court

ORDER:

Application for leave to appeal against sentence granted. Appeal allowed. Orders made on 6 April 2000 set aside. In lieu applicant sentenced to 12 months imprisonment to be served by way of an intensive correction order under s 114 of the Penalties and Sentences Act in the terms set out in the order of this Court.

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – JUVENILE OFFENDERS – OTHER MATTERS – where applicant sentenced for similar offence of housebreaking committed while on parole – where trial judge ordered brief term of imprisonment – where release from gaol followed by no degree of supervision – whether personal circumstances of applicant would result in successful rehabilitation

Penalties and Sentences Act 1992 (Qld), s 114, s 115

COUNSEL:

A W Moynihan for the applicant/appellant
L J Clare for the respondent

SOLICITORS:

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

1. THE COURT: Kristy Wilson applies for leave to appeal against sentences imposed in the District Court at Brisbane where she pleaded guilty on 6 April 2000 to a charge of entering a dwelling house with intent. The offence took place at Caboolture at about 5.30 pm on 16 October 1999.  A rock was thrown at and broke the glass panel of the door and the applicant's male companion is said to have entered and "ransacked" the house. In the result, however, nothing was taken from it.  Neighbours, who saw what was happening, called the police. When they arrived, the applicant, who was keeping watch outside, shouted out "Get out. The cops are here". The applicant escaped into nearby bushland, where she was found crouching in an effort to avoid detection.  She at first denied any part in the break-in, but later pleaded guilty. Her accomplice was successful in escaping.

1. Her conviction of this offence had the effect of resurrecting an earlier offence of entering a dwelling house for which she had been sentenced in the District Court at Brisbane on 21 June 1999. That offence had been committed on 5 August 1998, when the applicant and another person had entered a dwelling house. Again, the place was ransacked. Food was thrown around and two carloads of property were removed.  At the sentence hearing on 21 June 1999, Shanahan CJ DC imposed a probation order for a period of three years. At the hearing on 6 April 2000 for the later offence committed on 6 October 1999, the learned sentencing judge revoked the probation order made on 21 June…