Conradie v Police

[2009] QDC 152

[2009] QDC 152

DISTRICT COURT
APPELLATE JURISDICTION

JUDGE KOPPENOL

No 14 of 2007

ERICH HEIN CONRADIE	Appellant/Defendant
and
POLICE	Respondent/Plaintiff
IPSWICH ..DATE 29/05/2009
JUDGMENT

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HIS HONOUR: All right. After hearing the parties’

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submissions, my orders are:

1. The sentence of imprisonment imposed by the learned

Magistrate on 17 February 2009 be set aside.

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2. The defendant be fined the sum of $1,000, which is to be paid within 28 days; in default, the Registrar is to refer the matter to the State Penalties Enforcement Registry.

3. The Respondent is to pay the applicant's costs under	20
schedule 2 of the Justices Regulation.
MR SHEARER: It totals $2,100, your Honour.
HIS HONOUR: Do you have any submissions on the quantum, Ms Christopherson?
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MS CHRISTOPHERSON: Your Honour, I haven't had a - I haven't had an opportunity to review the schedule, to check that amount.
MR SHEARER: The - what the schedule provides-----
MS CHRISTOPHERSON: But I'd be in the Court's hands.
MR SHEARER: I can - I can tell your Honour, it's - the
schedule provides $1,500 for a costs of a hearing on a	40
complaint, raised by 20 percent when it's an appeal before a Judge. So $1,800 for the Hearing, and one complaint - any other appearance $250, raised by 20 percent when the appearance is before a Judge on appeal for $300.
HIS HONOUR: Ms Christopherson?
MS CHRISTOPHERSON: Well that would be correct then, your Honour.
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HIS HONOUR: In the sum of $2,200?
MR SHEARER: $2,100.
HIS HONOUR: $2,100.
MR SHEARER: Yes. Thank you, your Honour.
HIS HONOUR: In the sum of $2,100. Thank you. Good morning. 1-2 JUDGMENT 60

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1-3 JUDGMENT 60