Gondolan v Queensland Police Service

[2010] QDC 108

[2010] QDC 108

DISTRICT COURT
APPELLATE JURISDICTION
JUDGE MCGILL SC
Appeal No 242 of 2009

CAROLE GONDOLAN	Appellate
and
QUEENSLAND POLICE SERVICE	Respondent

CAIRNS
..DATE 24/03/2010
JUDGMENT
HIS HONOUR: The appellant has filed a notice of appeal and an

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application for an extension of time within which to appeal charge of unlicensed driving while disqualified.
against the sentence imposed by a Magistrate on the 17th of

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The offence was committed on the 25th day of December 2008.
The appellant's licence had previously been disqualified by a Court for a period of two years. She was sentenced to a term of imprisonment, to be served by way of intensive correction

order and, in addition, the Magistrate disqualified her from	20
holding or obtaining a driver's licence for a period of two years. That was the minimum period of disqualification which was permissible under section 78(3)(a) of the Transport Operations (Road Use Management) Act 1995.
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The appellant seeks an extension of time within which to
appeal against the sentence imposed, but the grounds advanced
in relation to the appeal focus on the period of the
disqualification, which was said to be unreasonable in view of
her personal circumstances. It may well be that her personal	40
circumstances do mean that she suffers considerable
difficulties in being without a driver's licence, and the
Magistrate may well have taken that into account in imposing
the minimum period of disqualification, but neither the
Magistrate, nor I on appeal, can impose less than the minimum	50

period of disqualification authorised under the statute, which
is a period of two years.
In the circumstances, therefore, there is no point in 2 JUDGMENT 60

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extending the time within which to appeal. So, the
application for an extension of time within which to appeal is
refused and the appeal is therefore dismissed, technically on

the grounds that it's out of time.

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All right, and I understand you're not seeking any order for costs, Mr Crane?

MR CRANE: No, your Honour.

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