- Unreported Judgment
IN THE COURT OF CRIMINAL APPEAL
C.A. No. 195 of 1979
Mr. Justice Lucas
Mr. Justice Kelly
Mr. Justice Sheahan
BRISBANE, 26 OCTOBER 1979
(Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Chief Court Reporter, Court Reporting Bureau.)
DENNIS GERALD LOCKE
MR. JUSTICE LUCAS: This is an application for leave to appeal against a sentence imposed on a conviction of the applicant on three counts of false pretences.
The false pretence in each case was the same and what happened was that the applicant was a caravan salesman and three people left their caravans with him for the purpose of his selling them on commission. The applicant had a floor plan with Esanda Limited and he represented to Esanda that these three caravans belonged to him, and in accordance with the floor plan Esanda advanced him amounts of money on each of them, the total sum involved being $11,740. Fraud was discovered and Esanda seized the caravans.
The applicant was a man of 29 years of age and had no previous criminal history. He had in fact repaid Esanda the amount which had been advanced except for a sum of $3,626. There is no suggestion that he spent the money which he obtained in this way on riotous living. He was in difficulties with his business and the money was expended or he intended, to expend the money in relieving the difficulties which he was encountering. Although it is strictly irrelevant to the question before us we were told, as was the learned trial judge, that Esanda has been paid a considerable amount of the total indebtedness due to it from the proceeds of the sale of the applicant's home.
The learned trial Judge imposed a sentence of 18 months' imprisonment with hard labour on each count, the terms to be served concurrently.
Having regard to the fact that the applicant has no previous convictions, that he does appear to have built up a good business and to the efforts that he has made to repay Esanda the amounts advanced to him, I am of the opinion that the sentence was too heavy, although it is quite clear that a custodial sentence was warranted in this case. It was a fraud of some magnitude, but having regard to the considerations that I have mentioned I would reduce the sentence.
I am of the opinion that the application should be granted the appeals should be allowed, that the sentences imposed by the learned Judge should be set aside and in lieu thereof sentences of nine months' imprisonment with hard labour should be substituted in respect of each count to be served concurrently, the sentences to run from the date of conviction.
MR. JUSTICE KELLY: I agree. I have nothing to add.
MR. JUSTICE SHEAHAN: I agree.
MR. JUSTICE LUCAS: That will be the order of the Court.
- Published Case Name:
The Queen v Dennis Gerald Locke
- Shortened Case Name:
R v Locke
 CCA 96
Lucas J, Kelly J, Sheahan J
26 Oct 1979
No Litigation History