Craig v QPS

[2014] QDC 50

DISTRICT COURT OF QUEENSLAND

CITATION:

Craig v QPS [2014] QDC 50

PARTIES:

David Anthony Craig
(Appellant)

v

Queensland Police Service
(Respondent)

FILE NO:

Bowen D7 / 2013

DIVISION:

PROCEEDING:

Appeal

ORIGINATING COURT:

Magistrates Court at Bowen

DELIVERED ON:

21 March 2014

DELIVERED AT:

Townsville

HEARING DATE:

28 February 2014

JUDGE:

Durward SC DCJ

ORDERS:

1.   Appeal allowed.

2.   The sentence of one month actual imprisonment and the parole release date of 03 October 2013 are vacated and in lieu thereof an immediate parole release date of 06 September 2013 is substituted.

3.   The balance of the sentence remains extant.

CATCHWORDS:

CRIMINAL LAW – APPEAL AGAINST SENTENCE – APPEALS BY CONVICTED PERSONS – appellant convicted summarily of assault occasioning bodily harm whilst armed – sentence of 9 months imprisonment with parole release date after serving one month actual imprisonment – ordered to pay compensation of $2,000 to complainant – whether actual imprisonment of one month is manifestly excessive in the circumstances – whether compensation order manifestly excessive in the circumstances – where appellant’s employment likely to be lost if actual imprisonment served

LEGISLATION:

Justices Act 1886 ss 222 and 225; Penalties and Sentences Act 1999 ss 9(2) and (3) and 31(1)(c); State Penalties Enforcement Act 1999 ss 8, 23, 28 and 112.

CASES:

House v The King (1936) 55 CLR 499; Hughes v Hopwood (1950) QWN 21; R v Morse (1979) 23 SASR 98; R v Lemass (1981) 5A Crim R 230; Lowe v The Queen (1984) 154 CLR 606; R v McIntosh [1923] St. R. Qd. 278; R v C [1996] QCA 286; R v Daw [2006] QCA 386; R v Wharley [2007] QCA 295; R v Riley [2007] QCA 391; R v Hilton [2009] QCA 12; R v Yanner & Yanner ex parte AG (1999) 109A CrimR 109; [1999] QCA 515; Boyle v The Queen (1987) 34 A CrimR 202; R v Hamilton [2000] QCA 286;

COUNSEL:

Miss C J McKinnon for the appellant
Ms J Goldie for the respondent

SOLICITORS:

Ruddy Tomlins & Baxter, solicitors, for the appellant
Office of the Director of Public Prosecutions for the respondent

[1]      The appellant was convicted of assault occasioning bodily harm whilst armed on 13 November 2012 and sentenced on 03 September 2013 to 9 months imprisonment with a parole release date of 03 October 2013. A compensation order of $2,000 was made and referred to the State Penalties Enforcement Registry (“SPER”).

The Appeal

[2] The appeal is against sentence, pursuant to s 222 of the Justices Act 1886, on the ground that the term of actual imprisonment of one month is manifestly excessive; and further, that the compensation order is oppressive in all the circumstances and manifestly excessive. The head sentence of 9 months imprisonment and the compensation order per se are not challenged in the appeal.

History

[3]      The date of the offence was 27 November 2011. The appellant had pleaded not guilty and went to trial.  An appeal…