Collie v Police No. Scciv-02-27

The case of Collie v Police involved an appeal against convictions and sentence imposed by the Magistrates Court. Mr Collie was charged with being on premises without lawful excuse, hindering a police constable in the execution of his duty, and driving a motor vehicle while not the holder of an appropriate licence. He was arrested on a warrant issued by the Parole Board and subsequently pleaded guilty to all charges while unrepresented. The Magistrate recorded a conviction and imposed a sentence of imprisonment for six months, which was cumulative on the balance of the unexpired period of parole.

The legal issues in the appeal were whether Mr Collie was properly advised about his plea, if he could have had a defence to count 1, and if he could be guilty of count 2 as a matter of law. Additionally, the appeal argued that the sentence was excessive. The Court considered whether there was a risk of a miscarriage of justice due to the lack of representation and the absence of a statement from a particular witness when Mr Collie pleaded guilty. The Court also examined whether the sentence imposed was appropriate for the nature of the offences.

The Court found that there was no basis for a finding that Mr Collie did not appreciate the nature of the charges or did not intend to admit guilt. While the submission that there was a risk of a miscarriage of justice due to the lack of a statement from Ms Barker was accepted, it did not provide a basis for allowing the appeal against conviction in relation to count 1. The appeal against conviction in relation to count 2 was not pursued as there was no argument that Mr Collie’s conduct could not amount to hindering the police officer in the execution of his duty. The Court found the sentence of six months’ imprisonment to be excessive and allowed the appeal against sentence.

Accordingly, the orders were that the appeal against conviction be dismissed, the appeal against sentence be allowed, the sentence imposed by the Magistrates Court on count 1 and count 2 be set aside but the sentence imposed on count 3 stand, and Mr Collie be sentenced on count 1 and count 2 to imprisonment for two months. The sentence was suspended upon Mr Collie entering into a bond for a period of twelve months in the sum of $500, with conditions of good behaviour, supervision by a community corrections officer, and reporting to the Department for Correctional Services.