THE PRESIDENT: The Court intends to reserve the appeal against conviction and requires a transcript. As to the application for leave to appeal against the sentence, I am satisfied the sentence was manifestly excessive. The applicant has spent 142 days in custody and no greater penalty should have been imposed, than in respect of count 1, a fully suspended sentence of six months and in respect of count 2, a sentence of 18 months suspended forthwith.

[3]

At this stage, I would grant the application and allow the appeal and instead of the sentence imposed below in respect of count 1, stealing, I would order the applicant be sentenced to six months' imprisonment, fully suspended, with an operational period of two years and in respect of count 2, a sentence of 18 months' imprisonment, suspended forthwith, with an operational period of two years.

[4]

THE PRESIDENT: I should add that we will publish our reasons for this later and I note that if the appeal against conviction is successful, the conviction and sentence will automatically go. So that is the order of the Court, thank you.

Parties

Applicant/Plaintiff:

# R

Respondent/Defendant:

Steindl \[2001\] QCA 315