Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – where applicant convicted after pleas of guilty to 15 counts of dishonest use of position as a director of a corporation under s 184(2) Corporations Act 2001 (Cth) (counts 1-15) and 12 counts of fraud under s 408C Criminal Code 1899 (Qld) (counts 16-27) – where sentenced to two years imprisonment on counts 1-15 with a recognizance release order after eight months – where sentenced to 10 years imprisonment on counts 16-27 – where sentence imposed on count 15 ordered to be served cumulatively on other sentences – where all other sentences to be served concurrently – where recommendation for parole after four years and three months – where sentencing judge stated sentence imposed to reflect overall criminality of offences – where offences occurred over two year period – where total amount misappropriated approximately $11,000,000 – where money gained from offending conduct used to finance flight from jurisdiction – where early plea of guilty by ex officio indictment – where no prior convictions – where cooperation with authorities once apprehended – whether sentence manifestly excessive

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – OTHER MATTERS – where during hearing of appeal the Court indicated it may allow the appeal but restructure the sentence imposed to lawfully reflect the intention of the sentencing judge – where could result in effective increase in sentence – whether if Court contemplating such a course it is required to advise applicant and give them an opportunity to withdraw their application

CRIMINAL LAW – JUDGMENT AND PUNISHMENT – SENTENCE – CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES, SENTENCES ON ESCAPE AND COMMENCEMENT OF SENTENCE – POWER TO IMPOSE – where sentencing judge ordered sentence imposed for a Commonwealth offence be served cumulatively on sentences imposed for State offences – whether sentencing judge erred in making such an order – whether an order of similar effect may be made under s 19(3) Crimes Act 1914 (Cth)