Farrell v Queensland Police Service - [2014] QDC 201

DISTRICT COURT OF QUEENSLAND

CITATION:

Farrell v Queensland Police Service [2014] QDC 201

PARTIES:

JULIE ANNE FARRELL
(appellant)

v

QUEENSLAND POLICE SERVICE
(respondent)

FILE NO/S:

32/14

DIVISION:

Criminal

PROCEEDING:

Appeal

ORIGINATING COURT:

Rockhampton Magistrates Court

DELIVERED ON:

16 September 2014

DELIVERED AT:

Rockhampton

HEARING DATE:

12 September 2014

JUDGE:

Smith DCJ

ORDER:

1.   The appeal against sentence is allowed.

2.   On the charge of driving without a licence disqualified by court order (repeat offender) on 30 November 2011 the sentence is varied to the extent that the parole release date of 14 November 2014 is set aside and in lieu thereof it is ordered that the date the appellant be released on parole be fixed as at 16 September 2014. Further the disqualification period is varied to 2 ½ years.

3.   On the charge of driving without a licence disqualified by court order (repeat offender) on 5 January 2012 the sentence is set aside and in lieu thereof the appellant is sentenced to 12 months’ imprisonment, and it is ordered that the date the appellant be released on parole be fixed as at 16 September 2014.

4.   On the charge of unlicensed driving on 5 February 2014 the Appellant is also disqualified from holding or obtaining a driver licence for a period of 6 months.

5. I declare pursuant to s 159A of the Penalties and Sentences Act 1992 (Q) that the appellant has served 34 days in presentence custody. I state the dates are between 15 May 2014 and 19 June 2014. I declare that as time already served under the sentence.

6.   The Appellant is released on parole pursuant to s 200(1) of the Corrective Services Act 2006 (Q).

7.   The Appellant is required to report to Probation and Parole Office as required under the Act between 9am and 5pm today or on the next business day.

8.   If the appellant fails to do so, she will be unlawfully at large.

9.   The Appellant’s legal representatives have undertaken to inform the appellant of her obligations to report under s 160G(5) of the Penalties and Sentences Act 1992 (Q).

10. The sentences are otherwise confirmed.

CATCHWORDS:

CRIMINAL LAW- APPEAL- Whether sentence excessive- whether errors

Justices Act 1886 (Q) ss 222, 223 and 225

Transport Operation (Road Use Management) Act 1995 (Q) s 78

Dempsey v QPS [2009] QDC 218

Pavlovic v Commissioner of Police [2006] QCA 134

R v D [2003] QCA 547

R v Maniadis [1997] 1 Qd R 593

Santillan v QPS [2008] QDC 33

Teelow v Commissioner of Police [2009] 2 Qd R 489

Whitney v Commissioner of the Police Service [2014] QDC 172

COUNSEL:

Solicitors for the Appellant

Mr. D. Jones for the Respondent

SOLICITORS:

McGowran lawyers for the Appellant

Director of Public Prosecutions for the Respondent

Introduction

This is an appeal against sentences imposed in the Rockhampton Magistrates Court on 15 May 2014.

When the Court is concerned with an appeal against sentence, the provisions of s 222(2)(c) of the Justices Act 1886 (Q)…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Farrell v Queensland Police Service and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2014] QDC 201
Decision Date: 16 September 2014

CaseChat Overview and Summary

In the appeal, Farrell appealed against his sentence. The appellant, having been found guilty of driving without a licence disqualified by court order on multiple occasions, sought to appeal against the severity of the sentences imposed by the lower court. The appeal was heard in the Queensland Court of Appeal. The appellant argued that the sentences imposed were excessive and that there had been errors in the lower court's sentencing process.

The court was required to determine whether the sentences imposed were excessive and whether there were any errors in the lower court's sentencing process. The court considered the principles of sentencing and the relevant statutory provisions. The court also reviewed the evidence and submissions presented by both parties. The court found that the sentences imposed by the lower court were excessive and that there had been errors in the sentencing process. The court varied the sentences and ordered the appellant's release on parole.

The court held that the sentences imposed by the lower court were excessive and that there had been errors in the sentencing process. The court found that the lower court had failed to adequately consider the appellant's personal circumstances and had not given sufficient weight to the mitigating factors. The court also found that the lower court had erred in imposing consecutive sentences for the separate offences. The court varied the sentences and ordered the appellant's release on parole. The court ordered that the appellant be released on parole on 16 September 2014 and that she report to the Probation and Parole Office as required.

Orders

Orders of the court

1. The appeal against sentence is allowed.

2. On the charge of driving without a licence disqualified by court order (repeat offender) on 30 November 2011 the sentence is varied to the extent that the parole release date of 14 November 2014 is set aside and in lieu thereof it is ordered that the date the appellant be released on parole be fixed as at 16 September 2014. Further the disqualification period is varied to 2 ½ years.

3. On the charge of driving without a licence disqualified by court order (repeat offender) on 5 January 2012 the sentence is set aside and in lieu thereof the appellant is sentenced to 12 months’ imprisonment, and it is ordered that the date the appellant be released on parole be fixed as at 16 September 2014.

4. On the charge of unlicensed driving on 5 February 2014 the Appellant is also disqualified from holding or obtaining a driver licence for a period of 6 months.

5. I declare pursuant to s 159A of the Penalties and Sentences Act 1992 (Q) that the appellant has served 34 days in presentence custody. I state the dates are between 15 May 2014 and 19 June 2014. I declare that as time already served under the sentence.

6. The Appellant is released on parole pursuant to s 200(1) of the Corrective Services Act 2006 (Q).

7. The Appellant is required to report to Probation and Parole Office as required under the Act between 9am and 5pm today or on the next business day.

8. If the appellant fails to do so, she will be unlawfully at large.

9. The Appellant’s legal representatives have undertaken to inform the appellant of her obligations to report under s 160G(5) of the Penalties and Sentences Act 1992 (Q).

10. The sentences are otherwise confirmed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Farrell v Queensland Police Service [2014] QDC 201
PARTIES:	JULIE ANNE FARRELL (appellant) v QUEENSLAND POLICE SERVICE (respondent)
FILE NO/S:	32/14
DIVISION:	Criminal
PROCEEDING:	Appeal
ORIGINATING COURT:	Rockhampton Magistrates Court
DELIVERED ON:	16 September 2014
DELIVERED AT:	Rockhampton
HEARING DATE:	12 September 2014
JUDGE:	Smith DCJ
ORDER:	1. The appeal against sentence is allowed. 2. On the charge of driving without a licence disqualified by court order (repeat offender) on 30 November 2011 the sentence is varied to the extent that the parole release date of 14 November 2014 is set aside and in lieu thereof it is ordered that the date the appellant be released on parole be fixed as at 16 September 2014. Further the disqualification period is varied to 2 ½ years. 3. On the charge of driving without a licence disqualified by court order (repeat offender) on 5 January 2012 the sentence is set aside and in lieu thereof the appellant is sentenced to 12 months’ imprisonment, and it is ordered that the date the appellant be released on parole be fixed as at 16 September 2014. 4. On the charge of unlicensed driving on 5 February 2014 the Appellant is also disqualified from holding or obtaining a driver licence for a period of 6 months. 5. I declare pursuant to s 159A of the Penalties and Sentences Act 1992 (Q) that the appellant has served 34 days in presentence custody. I state the dates are between 15 May 2014 and 19 June 2014. I declare that as time already served under the sentence. 6. *The Appellant is released on parole pursuant to s 200(1) of the Corrective Services Act* 2006 (Q). 7. The Appellant is required to report to Probation and Parole Office as required under the Act between 9am and 5pm today or on the next business day. 8. If the appellant fails to do so, she will be unlawfully at large. 9. The Appellant’s legal representatives have undertaken to inform the appellant of her obligations to report under s 160G(5) of the Penalties and Sentences Act 1992 (Q). 10. The sentences are otherwise confirmed.**
CATCHWORDS:	CRIMINAL LAW- APPEAL- Whether sentence excessive- whether errors Justices Act 1886 (Q) ss 222, 223 and 225 Transport Operation (Road Use Management) Act 1995 (Q) s 78 Dempsey v QPS [2009] QDC 218 Pavlovic v Commissioner of Police [2006] QCA 134 R v D [2003] QCA 547 R v Maniadis [1997] 1 Qd R 593 Santillan v QPS [2008] QDC 33 Teelow v Commissioner of Police [2009] 2 Qd R 489 Whitney v Commissioner of the Police Service [2014] QDC 172
COUNSEL:	Solicitors for the Appellant Mr. D. Jones for the Respondent
SOLICITORS:	McGowran lawyers for the Appellant Director of Public Prosecutions for the Respondent