QLDQCA
R v Wheeler & Sorrensen [2002] QCA 223
[2002] QCA 223
Court of Appeal (Qld)|2002-06-25|Before: McPherson JA, Mackenzie and Atkinson JJ
View original sourceAt a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
2002-06-25
Before
McPherson JA, Mackenzie and Atkinson JJ
Catchwords
- CRIMINAL LAW – JURISDICITION, PRACTICE AND PROCEDURE – JUDGMENT
- AND PUNISHMENT – SENTENCE – FACTORS TO BE
- TAKEN INTO ACCOUNT
- – FACTUAL BASIS FOR SENTENCE – where applicant/s pleaded guilty to
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – JURISDICITION, PRACTICE AND PROCEDURE – JUDGMENTAND PUNISHMENT – SENTENCE – FACTORS TO BETAKEN INTO ACCOUNT– FACTUAL BASIS FOR SENTENCE – where applicant/s pleaded guilty toan ex-officio indictment - agreedSchedule of Facts - nature of sometransactions disputed in oral submissions on appealCRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENTAND PUNISHMENT – SENTENCE – FACTORS TO BETAKEN INTO ACCOUNT –CIRCUMSTANCES OF OFFENCE – where applicant/s convicted of fraud as atrustee of a sum greater than$5,000 – where misappropriation of$632,435.44 with claims totalling $453,123.00 paid out of Fidelity GuaranteeFund –no previous convictions - good work histories - whether sentence ofsix years imprisonment with a recommendation for parole aftertwo years ismanifestly excessiveAuctioneers and Agents Act 1971 (Qld) s104(1), s 104 (5), s 19(8), s 408(2)(d)