Court of Appeal

R v Williams [2014] QCA 114 (13/0057) Fraser and Gotterson JJA and Daubney J 23 May 2014

Full-text: QCA14-114.pdf

Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO THE EVIDENCE – where the appellant was employed as a bookkeeper – where the appellant was charged with four counts of dishonestly applying funds from her employer for her own use – where Counts 2 and 3 each alleged a circumstance of aggravation being that the dishonestly appropriated property exceeded $30,000 – where the jury were unable to reach a verdict on Count 1, but found the appellant guilty of Count 2 without the circumstance of aggravation and guilty of Counts 3 and 4 as charged – where in a re-direction the trial judge described Count 2 as “an all or nothing” case – where the appellant submitted that the finding of fraud simpliciter on Count 2 meant that the jury had reasonable doubt about the transfers subject to the Counts 3 and 4 and the other amounts in the minority of Count 2 – whether the verdicts on Count 2, 3 and 4 were inconsistent

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was sentenced to five years imprisonment with parole eligibility after one half of the sentence is served – where the trial judge sentenced on a factual basis that “the fraud in Count 2 approached, but fell short of $30,000” – where there was no explanation behind this basis – whether the sentence was manifestly excessive in all the circumstances