Addo v Senior Constable Jacovos

Case [2016] QDC 271


DISTRICT COURT OF QUEENSLAND

CITATION:

Addo v Senior Constable Jacovos [2016] QDC 271

PARTIES:

RONALD PETER ADDO
(appellant)

v

SENIOR CONSTABLE JACOVOS           
(respondent)

FILE NO.:

APPEAL NO. 129/16

DIVISION:

Appellate

PROCEEDING:

Appeal

ORIGINATING COURT:

Magistrates Court, Cairns

DELIVERED ON:

4 November 2016

DELIVERED AT:

Cairns

HEARING DATE:

28 October 2016

JUDGE:

Morzone QC DCJ

ORDERS:

1.     Appeal allowed.

2.     Set aside the sentence and orders made in the Magistrates Court on 5 July 2016 and in lieu order as follows:

a.    For the offence of obstruct police - the appellant is sentenced to 3 months’ imprisonment;

b.    For the offence of serious assault police – the appellant is sentenced to 12 months’ imprisonment;

c.     Those periods of imprisonment are to be served concurrently with each other, but cumulatively upon the term of imprisonment imposed on 14 August 2013;

d.    A parole release date is fixed at 19 December 2016.

CATCHWORDS:

CRIMINAL LAW – appeal pursuant to s 222 Justices Act 1886 (Qld) – conviction – Serious Assault Police – mode of hearing of appeal – error of law – whether sentence manifestly excessive –whether sentences requires to be served cumulatively or concurrently – whether parole eligibility date or release date applicable – totality principle.

Legislation
Justices Act 1886 (Qld), ss 222 & 223
Penalties and Sentences Act 1992 (Qld), ss 156A, 160A, 160B & 160
Corrective Services Act 2006 (Qld), ss 201, 202, 209, 214 & 215

Cases

White v Commissioner of Police [2014] QCA 121

House v The King (1936) 55 CLR 499

Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170

Norbis v Norbis (1986) 161 CLR 513

AB v R (1999) 198 CLR 111

R v Conway [2005] QCA 194
R v Brown [2013] QCA 185
Veen v The Queen [No.2] (1988) 164 CLR 465

R v Murray [2014] QCA 250

R v Shillingsworth [2002] 1 Qd R 527

R v Smith [2015] 1 Qd R 323; [2013] QCA 397
Mill v The Queen, [1988] 166 CLR 59
The Queen v Crofts [1999] 1 Qd R 386

The Queen v Beattie, ex parte Attorney-General (Qld) [2014] QCA 2006
The Queen v Kendrick [2015] QCA 27

The Queen v Baker [2011] QCA 104

COUNSEL:

M. Dalton for the appellant
B. Mantan for the respondent

SOLICITORS: Cutherbertson & Co. Lawyers for the appellant
The Office of Director of Public Prosecutions for the respondent
  1. On 5 July 2016 the appellant was convicted, after a summary trial in the Magistrates Court held at Cairns, of serious assault police committed on 10 January 2016.  He otherwise pleaded guilty to an offence of obstruct police committed on 10 January 2016.

  1. The appellant was sentenced to 3 months’ imprisonment for obstruct police and 18 months’ imprisonment for serious assault police to be served concurrently with each other, but cumulatively upon an existing sentence, to commence on 28 November 2016.  A parole eligibility date was fixed at 28 May 2017.

  1. The appellant now appeals his sentence.

  1. Both parties…

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Details
AGLC
Addo v Senior Constable Jacovos [2016] QDC 271
Case
[2016] QDC 271
Decision Date

CaseChat Overview and Summary

The appellant, Addo, appealed against his conviction and sentence in the Magistrates Court, which had found him guilty of obstructing police and seriously assaulting police. The appeal was heard in the District Court of Queensland, presided over by Judge Murphy. The appeal was based on the argument that the sentence was manifestly excessive, that the sentences should have been ordered to be served concurrently rather than cumulatively, and that the parole eligibility date was not properly applied.

The legal issues before the court were whether the sentence was manifestly excessive, whether the sentences should have been ordered to be served concurrently rather than cumulatively, and whether the parole eligibility date was correctly applied. The court had to consider the totality principle, which requires that the overall punishment should not be disproportionate to the crimes committed. The appellant argued that the sentence was manifestly excessive, and that the sentences should have been ordered to be served concurrently rather than cumulatively. The court also had to consider whether the parole eligibility date was correctly applied.

The court found that the sentence was manifestly excessive and that the sentences should have been ordered to be served concurrently rather than cumulatively. The court found that the totality principle was not properly applied, and that the appellant's sentence was disproportionate to the crimes committed. The court found that the sentences should have been ordered to be served concurrently rather than cumulatively, and that the parole eligibility date was not properly applied. The court allowed the appeal and set aside the sentence and orders made in the Magistrates Court. In lieu, the court ordered that the appellant be sentenced to 3 months’ imprisonment for the offence of obstruct police, 12 months’ imprisonment for the offence of serious assault police, that those periods of imprisonment be served concurrently with each other, but cumulatively upon the term of imprisonment imposed on 14 August 2013, and that a parole release date be fixed at 19 December 2016.

Orders

Orders of the court

1. Appeal allowed.

2. Set aside the sentence and orders made in the Magistrates Court on 5 July 2016 and in lieu order as follows:

a. For the offence of obstruct police - the appellant is sentenced to 3 months’ imprisonment;

b. For the offence of serious assault police – the appellant is sentenced to 12 months’ imprisonment;

c. Those periods of imprisonment are to be served concurrently with each other, but cumulatively upon the term of imprisonment imposed on 14 August 2013;

d. A parole release date is fixed at 19 December 2016.

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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