Catchwords

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – INFORMATION, INDICTMENT OR PRESENTMENT – AMENDMENT – GENERALLY– where applicant Sutton convicted on plea of guilty to a count charging the making of a false statement under s 193 Criminal Code - where count pleaded to omitted an element of the offence charged that element being that the applicant had knowledge of the falsity of her statement - where respondent applied to amend indictment to include element of knowledge – where nothing in the recital of facts put before the sentencing judge made it possible to infer that the applicant had the requisite knowledge – whether applicant would suffer injustice as result of amendment – plea of guilty set aside

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENCE – where applicant Black convicted on pleas of guilty to one count of fraud, one count of fraudulently falsifying a record, one count of forgery and one count of uttering – where applicant sentenced to five years imprisonment suspended after 15 months for an operational period of four years with respect to the count of fraud and lesser concurrent terms of imprisonment on the other counts – where fraud involved dishonestly inducing the Queensland Building Services Authority to approve a building licence for a company that the applicant had effective control over – where deterrent sentence required having regard to the capacity of the applicant’s conduct to undermine public confidence in the building authority’s ability to regulate operators in the building industry in accordance with its statutory obligations – whether sentence manifestly excessive

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENCE – where applicant Sutton convicted on pleas of guilty to one count of fraud and one count of making of a false statement – where sentenced to two years imprisonment suspended after three months for an operational period of three years on both counts – where plea of guilty set aside with respect to count of making false statement – where crown conceded that a fully suspended term appropriate if sentenced only for one count - where applicant sentenced on the basis of playing a minor role in the commission of the fraud count – where applicant sole parent caring for two children one of whom is severely disabled – whether sentence manifestly excessive