Avery & Ors v Queensland Police Service

This appeal concerns the sentences imposed on nine appellants who were convicted of offences arising from protest action. Each appellant had pleaded guilty to three offences. The appellants appealed against the sentences imposed by the Magistrates Court, arguing that they were manifestly excessive and that the sentencing Magistrate had failed to consider differences in their personal circumstances or the need for parity in sentencing. The appellants also sought to adduce further evidence of their financial circumstances. The court had to determine whether the sentences were manifestly excessive, whether the Magistrate had failed to consider personal circumstances or parity, and whether the appellants should be granted leave to adduce further evidence. The court found that the sentences imposed were manifestly excessive in all the circumstances. It was held that the Magistrate had not given sufficient consideration to the appellants' personal circumstances and had failed to consider parity between the appellants. The court also found that the appellants should be granted leave to adduce further evidence of their financial circumstances. The sentences were varied to impose a lower fine in lieu of the original $8,000 fine. The sentences were otherwise confirmed. The court ordered the respondent to file and serve written submissions as to costs within 21 days.