R v Gregory

[2004] QCA 87

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Particular offences
4. › Fraud
5. › Misappropriation from employer
6. › Breach of trust
7. › Whether sentence of six years imprisonment manifestly excessive
8. › Amount of $236,565 over nine-year period
1. Criminal Law
2. › Sentence
3. › Sentencing principles
4. › Manifest excess
5. › Comparison with comparable sentences
6. › Relevance of mitigating factors including age, plea of guilty, and absence of prior convictions

Quick Take

A sentence of six years imprisonment with a recommendation for post-prison community based release after two years is within the appropriate sentencing range for fraud involving the systematic misappropriation of approximately $236,000 from an employer over a nine-year period in a position of trust, notwithstanding the offender's age (60), timely plea of guilty, absence of prior convictions, and low risk of reoffending. Cases involving significant restitution or substantially lower actual loss are distinguishable.