R v To & Do; ex parte Cth DPP

[1998] QCA 106

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Crown appeal against sentence
4. › Defrauding the Commonwealth
5. › Systematic fraud over six years
6. › Whether sentence manifestly inadequate
7. › Appropriate head sentence and non-parole period
8. › Crimes Act 1914 (Cth), s 29D
1. Criminal Law
2. › Sentence
3. › Federal offences
4. › Non-parole periods
5. › Interaction between federal and State sentencing provisions
6. › Whether Queensland parole eligibility provisions apply to federal sentences
7. › Crimes Act 1914 (Cth), ss 19AA(1), 19AB(1), 19AF(1)
8. › Corrective Services Act 1988 (Qld), s 166
9. › Corrective Services Regulations 1989 (Qld), ss 21, 22
1. Criminal Law
2. › Sentence
3. › Mitigating factors
4. › Guilty plea
5. › Hardship in country of origin
6. › Medical conditions
7. › Role in offending
8. › Whether mitigating factors justify differential sentences for co-offenders

Quick Take

For federal offences sentenced in Queensland, the non-parole period must be fixed under the Crimes Act 1914 (Cth) regime (ss 19AA, 19AB, 19AF) and not by reference to Queensland's parole eligibility provisions under the Corrective Services Act 1988 (Qld). Systematic fraud against the Commonwealth over six years totalling approximately $158,000, involving elaborate deception and attempts to conceal assets, warrants a head sentence of at least four years. The 'disappointment' factor from El Karhani operates in favour of offenders on Crown sentence appeals.