CCR v QPS

[2010] QDC 486

DISTRICT COURT OF QUEENSLAND

CITATION:

CCR  v Queensland Police Service  [2010] QDC 486

PARTIES:

CCR  (Appellant)

AND

Queensland Police Service (Respondent)

FILE NOS:

29/10

DIVISION:

Appellate

PROCEEDING:

Application

ORIGINATING COURT:

Magistrates Court, Bundaberg  

DELIVERED ON:

3 December 2010; ex tempore

DELIVERED AT:

Bundaberg District Court

HEARING DATE:

3 December 2010

JUDGE:

Judge J.M. Robertson

ORDER:

Appeal dismissed

CATCHWORDS:

APPEAL AGAINST SENTENCE, where appellant pleaded guilty to multiple counts of breach of a domestic violence order which involved property damage and actual violence and to assault occasioning bodily harm and other offences, whether sentence manifestly excessive, whether plea of guilty taken into account and her Honour complied with s 13(4) of the Penalties and Sentences Act 1992 (Qld).

BAIL- where appellant released on bail pending appeal after serving (5) weeks of a 3 month sentence, whether applicant should be ordered to serve balance of sentence where appeal dismissed.

Legislation Cited

Bail Act 1980 (Qld)

Justices Act 1886 (Qld)

Penalties and Sentences Act 1992 (Qld)

Police Powers and Responsibilities Act 2000 (Qld)

Cases Considered:

Cameron v R [2002] 209 CLR 339

Police v Sysel [1999] QDC 327

Queensland Police Service v  Paul David Wilson [2008] reported on the Chief Magistrate's notes, 7 of 2008

R v Barling [1999] QCA 16

R v Denyer [2009] QCA 53

R v Neivandt [2000] QCA 224

R v Sysel [2000] QCA 233

R v Taylor [2000] QCA 311

R v Warwick [2006] QCA 83

R v Woods [2004] QCA 204

Sysel v Dinon and Ors [2002] QCA 149

COUNSEL:

Mr J. Benjamin for the applicant
Mr J. Robson for the respondent

HIS HONOUR: On the 30th of March 2010 in the Bundaberg Magistrates Court before her Honour Magistrate Batts, the appellant(‘CCR’) pleaded guilty to four counts of breaching a domestic violence order, one count of breaching section 29 (1)(b) of the Bail Act and one count of assault occasioning bodily harm and one count of contravening a direction of a police officer.

Her Honour imposed individual sentences for each count as she was required to do, which resulted in an effective sentence of three months' imprisonment followed by 12 months' probation.

A notice of appeal to this Court under section 222 of the Justices Act 1886 was filed on the 1st of April 2010. The grounds of appeal are as follows:

1.  The sentence was manifestly excessive;
2. The learned Magistrate did not give any proper weight to factors under section 9 of the Penalties and Sentences Act;
3. The learned Magistrate failed to give proper weight to the plea of guilty pursuant to section 13 of the Penalties and Sentences Act.

The appellant's submissions were filed on the 10th of November 2010 and the respondent's outline of submission was filed on a date unknown but prior to the last sittings and I've considered those submissions and the oral submissions made on behalf of the appellant and the respondent earlier this week and today.

The circumstances of the offending, as outlined by the Prosecutor below and…