DISTRICT COURT OF QUEENSLAND
CITATION:
Adcock v QPS [2021] QDC 116
PARTIES:
TYNE MARIE ADCOCK
(Appellant)
vQUEENSLAND POLICE SERVICE
(Respondent)
FILE NO:
Appeal No 54/21
DIVISION:
Appellate
PROCEEDING:
Appeal
ORIGINATING COURT:
Magistrates Court, Cairns
DELIVERED ON:
11 June 2021
DELIVERED AT:
Innisfail
HEARING DATE:
4 June 2021
JUDGE:
Morzone QC DCJ
ORDER:
1. Appeal dismissed.
CATCHWORDS:
CRIMINAL LAW - appeal pursuant to s 222 Justices Act 1886 - conviction – serious assault police officer, wilful damage, disobedience, obstruct police and bail offences – whether undue weight given to criminal history - whether effective sentence of 9 month imprisonment to serve one third before release on parole is manifestly excessive.
LEGISLATION:
Justices Act 1886 (Qld) s 222, s 223 & 227
Penalties and Sentences Act 1992 (Qld) s 9CASES:
Allesch v Maunz (2000) 203 CLR 172
Fox v Percy (2003) 214 CLR 118
House v The King (1936) 55 CLR 499
Kentwell v R (2014) 252 CLR 60
Lovell v Lovell (1950) 81 CLR 513
Mill v The Queen [1988] 166 CLR 59
R v Casiotis [2006] QCA 85
R v Morse (1979) 23 SASR 98
The Queen v Crofts [1999] 1 Qd R 386
Veen v The Queen (No. 2) (1988) 164 CLR 465
White v Commissioner of Police [2014] QCA 12COUNSEL: K Goodwin for the Appellant
A Dunkerton for the Respondent
SOLICITORS: Osborne Butler Lawyers for the Appellant
The Office of Director of Public Prosecutions for the Respondent.
Introduction
On 29 March 2021, the appellant was convicted after a plea of guilty in the Magistrates Court held in Cairns, of 15 offences including serious assault police officer, wilful damage, disobedience, obstruct police and bail offences. The court imposed concurrent sentences with an effective sentence of nine months imprisonment with a parole release date after serving three months in prison.
The appellant now appeals the head sentence on the grounds that it is manifestly excessive, in particular, nine months imprisonment for charge 5, serious assault police committed on 16 April 2020 and six months imprisonment for charge 7 being another serious assault police committed on 28/05/2020. The appellant argues that the sentencing Magistrate misapplied the comparative authorities and inflated the gravity of the appellant’s criminal history to reach a manifestly excessive sentence. Notwithstanding the submission below, she now contends that the sentence should not exceed six months.
The respondent opposes the appeal.
Whilst the overall effective sentence of nine months with three months actual imprisonment before release on parole is harsh, it is at the high end of the permissible range and not demonstrably manifestly excessive. It seems to me that the sentencing court took proper account of the appellant’s criminal history and matters of totality when considering the comparative cases.
For these reasons, I dismiss the appeal against sentence.
Appeal against sentence
The appellant appeals pursuant to s 222 of the Justices Act 1886 (Qld). Pursuant to s 223 of the Act, the appeal is by way of rehearing on the original evidence. However, the District…
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- AGLC
- Adcock v QPS [2021] QDC 116
- Case
- [2021] QDC 116
- Decision Date
CaseChat Overview and Summary
The court examined the sentencing principles relevant to the case, particularly the need to consider the appellant's criminal history, the seriousness of the current offences, and the need for deterrence and protection of the community. The court found that the magistrate had appropriately considered the appellant's criminal history but had also balanced this with the circumstances of the current offences. The court held that the sentence imposed was within the range of reasonable sentences that could be imposed for the offences committed. The court concluded that the sentence was not manifestly excessive and that the appeal should be dismissed.
The Court of Appeal dismissed the appeal and upheld the original sentence imposed by the Magistrates Court. The appellant's conviction and sentence remain in place.
Orders
Orders of the court
1. Appeal dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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