In the case of R v Searle [2024] QCA 211, the applicant, Danielle Mary Searle, sought leave to appeal against her 18-month imprisonment sentence following her conviction for fraud involving her stepfather's estate. The applicant, who had an enduring power of attorney, dishonestly appropriated funds from the estate shortly after the stepfather's death, with transactions totalling $30,000. The court acknowledged that the custodial sentence was necessary due to the betrayal of trust and the requirement of general deterrence, especially in cases involving misuse of power of attorney. Despite considerations of the applicant’s lack of criminal history and personal circumstances, the court found the sentence just and refused the application for leave to appeal.
Full text: https://www.sclqld.org.au/caselaw/150510