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R v Wheeler & Sorrensen [2002] QCA 223 | Case summary | Zoe

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Home/Cases/[2002] QCA 223

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 source

At a glance

Source facts

Court

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)

Tilley (1991) 53A Crim R applied

Judgment (1 paragraphs)

[1]

Director of Public Prosecutions (Queensland) for respondent

Parties

Applicant/Plaintiff:

Respondent/Defendant:

Wheeler & Sorrensen [2002] QCA 223