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- R v Howie[2009] QCA 50
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R v Howie[2009] QCA 50
R v Howie[2009] QCA 50
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO/S: | |
Court of Appeal | |
PROCEEDING: | Sentence Application |
ORIGINATING COURT: | |
DELIVERED ON: | 13 March 2009 |
DELIVERED AT: | Brisbane |
HEARING DATE: | 5 March 2009 |
JUDGES: | Keane, Muir and Fraser JJA |
ORDERS: |
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CATCHWORDS: | CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to two counts of burglary, seven counts of stealing and eight counts of fraud – where the applicant stole items from his family, girlfriend, flatmate and stores in order to feed his drug addiction – where the applicant had a prior conviction for stealing and fraud – where the applicant breached a 12 month probation order imposed for that prior conviction by committing some of the current offences – where the value of items stolen was low and where some of the items had been recovered by the applicant – where the applicant was sentenced to three years imprisonment with release on parole after 12 months for the burglary counts and lesser concurrent sentences for the stealing, fraud and breach of probation counts – whether sentence manifestly excessive Criminal Code 1899 (Qld), s 419(4) R v Bryant (2007) 173 A Crim R 88; [2007] QCA 247, distinguished |
COUNSEL: | C L Morgan for the applicant |
SOLICITORS: | Legal Aid Queensland for the applicant |