Gordon v Macarthur

[2019] QDC 15

DISTRICT COURT OF QUEENSLAND

CITATION:

Gordon v Macarthur [2019] QDC 15

PARTIES:

JANE GORDON
(appellant)

v

CONSTABLE M. MACARTHUR
(respondent)

FILE NO/S:

Appeal 155/18

DIVISION:

Civil

PROCEEDING:

Appeal under s 222 Justices Act 1886 (Qld)

ORIGINATING COURT:

Southport Magistrates Court

DELIVERED ON:

15 February 2019

DELIVERED AT:

Southport District Court

HEARING DATE:

14 February 2019

JUDGE:

Muir DCJ

ORDER:

The appeal is dismissed

LEGISLATION:

District Court of Queensland Act 1967 (Qld), s 118

Justices Act 1886 (Qld), s 222, s 223, s 225

Penalties and Sentences Act 1992 (Qld), s12

CATCHWORDS:

CRIMINAL LAW – APPEAL – APPEAL AGAINST SENTENCE – where applicant was sentenced on a plea of guilty to two counts of fraud – where applicant appealed against sentence on the ground that sentence imposed was manifestly excessive because a conviction was recorded – whether the sentencing judge erred in exercising discretion to record a conviction under s 12 Penalties and Sentences Act 1992 (Qld)

Buse v Commissioner of Police [2018] QDC 90
Harris v R (1954) 90 CLR 652
House v The King (1936) 55 CLR 499
Matta v Australian Competition & Consumer Commission [2000] FCA 729
R v Bain [1997] QCA 035
R v Bowley [2016] QCA 254
R v Briese: ex-parte Attorney General [1997] QCA 010
R v Brown; Ex Parte Attorney-General [1994] 2 Qd R 182
R v Bryant [2005] QCA 19
R v Bulmer [2000] QCA 248
R v Cay, Gersch and Schell; Ex-parte A-G (Queensland) [2005] QCA 467
R v CBQ [2016] QCA 125
R v Clemments [2010] QCA 38
R v Condoleon (1993) 69 A Crim R 573
R v Docherty [2009] QCA 379
R v Fullalove (1993) 68 A Crim R 486
R v Goodger [2009] QCA 377
R v Lawley [2007] QCA 243
R v McConnell [2018] QCA 107
R v Miles [2006] QCA 556
R v Morse (1979) 23 SASR 98
R v Sanders [2007] QCA 165
R v Tout [2012] QCA 296
R v Tsiaras [1996] 1 VR 398
R v Verdins [2007] VSCA 102
R v Yarwood [2011] QCA 367
Teelow v Commissioner of Police [2009] 2 Qd R 489

COUNSEL:

Mr J McNab for the appellant

I Quinn (sol) for the respondent

SOLICITORS:

Kroesen & Co Lawyers for the appellant

Office of the Director of Public Prosecutions for the respondent

Introduction

1. This is an appeal under s 222 of the Justices Act 1886 (Qld) (“the Act”) against the sentence imposed on the appellant by the learned Magistrate at the Southport Magistrates Court on 23 May 2018.  On that date, the appellant was convicted on her own pleas of guilty of two charges of fraud as an employee pursuant to s 408C(1)(d)(2)(b) of the Criminal Code.  At sentence, the Magistrate imposed one fine of $5,000 for the offences.[1] Convictions were recorded.

   [1]The payment of which was referred to the State Penalties Enforcement Registry.

1. By her notice of appeal filed 18 June 2018, the appellant submits the recording of convictions against her “in all the…