R v Taylor [1994] QCA 574

Court of Appeal (Qld)|1994-11-23|Before: Fitzgerald P, Pincus JA, Dowsett J

The applicant gave no evidence before the primary Judge, but his counsel said that the money was taken with the purpose of keeping the agency business he was running going, and that sometimes money was taken to restore funds he had previously stolen. Counsel also said that some unspecified part of the money taken was spent on living expenses but not, it was asserted, on high living. It is unclear to what extent Her Honour acted upon these statements but she certainly made reference to them and I think took them into account.

The schedule of sums taken shows the pattern of behaviour started in 1987, but misappropriations became heavier in the period from 1991 to 1993. Over this period of years, the applicant continued these frauds and his doing so involved a number of subsidiary deceptions such as sending out false statements of account and the like. But there is one principal factor which makes this group of offences serious and that is the amount involved.

Before dealing with the principal question, namely whether the sentence imposed can stand, it is desirable to mention that the Crown concedes that two of the sentences imposed cannot stand. They were related to matters which were not charged but which were taken into account under section 189.

Ms Richards focused her attention almost solely upon the proposition that in view of the cooperation and pleas of guilty one would have expected some significant discount and she asserts that one cannot find it in the head sentence.

It is in substance conceded by Mr Ridgway on behalf of the Crown that that is so.

In the circumstances, and although if the concession had not been made, I might have been slightly more hesitant about doing so, it appears to me that the proper orders of the Court are application granted; appeal allowed; sentence imposed below varied by making a recommendation of consideration for parole after the applicant has served a period of two and a half years; sentences imposed in respect of the two matters taken into account under section 189 of the Penalties and Sentences Act set aside, otherwise I would confirm the sentences imposed below.

THE PRESIDENT: Subject to stating that I am satisfied the concession made was correctly made, I agree.

THE PRESIDENT: The orders of the Court are as indicated by Mr Justice Pincus.

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