Grace v Chay

[2006] QDC 339

[2006] QDC 339

DISTRICT COURT
APPELLATE JURISDICTION

JUDGE MCLAUCHLAN QC

Appeal No 51 of 2006

MATTHEW GRAEME GRACE	Appellant
and
CONSTABLE N CHAY	Respondent
CAIRNS ..DATE 14/08/2006
JUDGMENT

14082006 D.1 T3/KAN M/T CNS1/2006 (McLauchlan DCJ)

HIS HONOUR: Since the Crown concedes that the sentence should	1
be set aside as being excessive, and it would appear that a sentence in the order of two to three months wholly suspended would be appropriate, the sentence below is set aside.

10

A sentence of two months imprisonment is substituted and taking into account the circumstances including the fact that the appellant spent 11 days in prison already in relation to the matter, the sentence is wholly suspended and the appellant must not commit another offence punishable by imprisonment

20

within a period of 12 months if he is to avoid being dealt

with in respect to the suspended sentence.

-----

30

40

50

2 JUDGMENT 60