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- R v Docherty[2009] QCA 379
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R v Docherty[2009] QCA 379
R v Docherty[2009] QCA 379
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO/S: | DC No 158 of 2009 |
Court of Appeal | |
PROCEEDING: | Sentence Application |
ORIGINATING COURT: | |
DELIVERED ON: | 11 December 2009 |
DELIVERED AT: | Brisbane |
HEARING DATE: | 3 December 2009 |
JUDGES: | Holmes and Fraser JJA and Daubney J Separate reasons for judgment of each member of the Court, each concurring as to the orders made |
ORDERS: |
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CATCHWORDS: | Criminal law – appeal and new trial – appeal against sentence – grounds for interference – sentence manifestly excessive or inadequate – where applicant pleaded guilty to one count of stealing property, a diamond ring, valued at over $5,000 and one count of fraud to the value of $5,000 or more – where applicant sentenced to three years imprisonment with parole release after 12 months – where applicant stole ring on spur of the moment while working as complainant’s husband’s carer – where applicant sold it one month later for $33,500, unaware of its true value of $292,110 – where applicant 59 years old, remorseful, had no criminal history and suffered health problems, including depression and anxiety and cancer – whether sentence manifestly excessive R v Bulloch [2003] QCA 578, cited R v Haugland [2009] QCA 46, cited R v La Rosa; ex parte A-G (Qld) [2006] QCA 19, cited R v Rees [2002] QCA 469, cited R v Robinson; ex parte A-G (Qld) [2004] QCA 169, cited R v Shultz [1997] QCA 169, cited |
COUNSEL: | N V Weston for the applicant/appellant V A Loury for the respondent |
SOLICITORS: | Legal Aid Queensland for the applicant/appellant Director of Public Prosecutions (Qld) for the respondent |