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  • Unreported Judgment

R v McAndrew

 

[1979] CCA 97

IN THE COURT OF CRIMINAL APPEAL

C.A. No. 201 of 1979

BEFORE:

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.)

----

THE QUEEN

v.

JOHN EDWARD McANDREW

THE HONOURABLE THE MINISTER FOR JUSTICE and ATTORNEY-GENERAL OF QUEENSLAND

(Appellant)

JUDGMENT

MR. JUSTICE LUCAS: This is an appeal by the Minister for Justice and Attorney-General against a sentence imposed pursuant to a plea of guilty to the offence of breaking, entering and stealing committed on 31 March 1979 at Mackay, the sentence being imposed on 7 August 1979. The property stolen was 60 cartons of Johnnie Walker Scotch whisky. The respondent it appears, took part in the enterprise with others on the spur of the moment, but afterwards participated fully in it; the removal of the whisky, the conveyance of it in a hired truck to Rockhampton and he received his share of the proceeds of the sale of the stolen property, none of which would appear to have been recovered. The respondent has a very bad criminal record including offences of dishonesty, although there appears to be no offence of that nature since 1970. The criminal history showed a conviction for an offence of false pretences in 1976, but that was disputed by the respondent, and the learned Judge did not take it into account. He is a man of 37 years of age. The learned judge took into account the fact that another partner in the enterprise had been granted probation, but it appears that man was charged only with stealing, and the circumstances of his involvement were quite different from those of the involvement of the respondent. The maximum sentence which could have been imposed for this offence was 14 years.

In the circumstances, and in view of the lengthy criminal record of the respondent which, while it may not show positive dishonesty during the last few years, does show a complete lack of responsibility, I am of opinion that the sentence was inadequate.

I would allow the appeal and set aside the sentence of the learned trial judge and in lieu thereof substitute a sentence of imprisonment with hard labour for one year.

MR. JUSTICE KELLY: I agree.

MR. JUSTICE SHEAHAN: I agree.

MR. JUSTICE LUCAS: That will be the order of the Court. The sentence will, of course, run from the date of conviction.

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Editorial Notes

  • Published Case Name:

    The Queen v John Edward McAndrew

  • Shortened Case Name:

    R v McAndrew

  • MNC:

    [1979] CCA 97

  • Court:

    QCCA

  • Judge(s):

    Lucas J, Kelly J, Sheahan J

  • Date:

    26 Oct 1979

Litigation History

No Litigation History

Appeal Status

No Status