In Constable v Queensland Police Service [2024] QDC 61, Laura Constable appealed against her sentence handed down in the Southport Magistrates Court, where she had pleaded guilty to 34 charges, including 22 fraud offences. The appeal was heard by Judge Prskalo KC on April 30, 2024. The appellant argued that her sentence was excessive, particularly contesting the restitution order that required payment of $10,494. Ground 1, seeking to amend the notice of appeal, was not granted. Ground 2 was allowed, leading to the setting aside of the restitution orders, as it was conceded that the Magistrate did not adequately consider Constable's capacity to pay, rendering the sentence manifestly excessive. Ground 3, concerning the failure to properly reflect the plea of guilty and personal circumstances, was dismissed as the court found no miscarriage of sentencing discretion. The appeal resulted in the restitution orders being set aside while other aspects of the sentence were upheld.
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