Condon v Munsie

[2015] QDC 148

DISTRICT COURT OF QUEENSLAND

CITATION:

Condon v Munsie [2015] QDC 148

PARTIES:

ROBERT WILLIAM CONDON

(applicant) v

ISAAC ADAM MUNSIE

(respondent)

FILE NO/S:

Townsville D270/14

DIVISION:

Appellate

PROCEEDING:

Appeal under s 222 of the Justices Act 1886

ORIGINATING COURT:

Magistrates Court at Townsville

DELIVEREDON:

5 June 2015 (orders made)

11 June 2015 (reasons published)

DELIVEREDAT:

District Court at Gympie

HEARINGDATE:

1 June 2015

JUDGE:

Long SC DCJ

ORDER:

1.       That the time allowed for the filing of the applicant’s Notice of Appeal be extended to 1 September 2014;

2.       The appeal is allowed and the orders made in the Magistrates Court at Townsville on 15 May 2014, are set aside; and

3.       The proceedings are sent back to the Magistrates Court at Gympie, to be heard according to law.

CATCHWORDS:

APPEAL – s 222 of the Justices Act 1886 – where the applicant appeals against his conviction of offences under the Transport Operations (Road Use Management – Fatigue Management) Regulation 2008 – where the applicant was sentenced, in his absence, to a single fine of $1,500 in respect of all three offences and granted two months to pay the fine, in default 14 days’ imprisonment – whether the applicant was appropriately dealt with under s 142 of the Justices Act 1886

–  whether for two of the three offences the applicant was charged with and convicted of an offence known to law

–  whether any consideration of the availability of or previous issue of any penalty infringement notice or the legislated

amount of fine applied to such notice, is an irrelevant consideration for the purpose of the exercise of sentencing discretion

Justices Act 1886 s 142 and s 222 Penalties and Sentences Act 1992 s 48

State Penalties Enforcement Act 1999 s 16(2)(b) and s 22

Pullen v O’Brien [2014] QDC 92

R v Tate [1992] 2 Qd R 667

COUNSEL:

No legal representation for the applicant

A Honkisz, legal officer,  for the respondent

SOLICITORS:

No legal representation for the applicant

Department of Transport and Main Roads

[1]     On 1 September 2014, the applicant filed, in the District Court Registry at Townsville, a notice of appeal in respect of orders made against him in the Magistrates Court at Townsville, in “June 2014”. As this matter has developed, it is apparent that the applicant seeks to appeal the orders made against him in that court, on 15 May 2014, when he was convicted in of three offences:

1.an offence pursuant to s 50(2)(a) of the Transport Operations (Road Use Management – Fatigue Management) Regulation 2008 of exceeding the maximum work time of 12 hours in any 24 hour period (critical risk breach) between 4 p.m. on 23 October 2012 and 4 p.m. on 24 October 2012;

2.failing to record required information in a work diary on 24 October 2012, pursuant to s 71(1)(d) of the Transport Operations (Road Use Management – Fatigue Management) Regulation 2008; and

3.failing to record required information in a work diary on 25 October 2012, pursuant to…