DISTRICT COURT OF QUEENSLAND
CITATION:
Greenwood v Tom [2016] QDC 196
PARTIES:
CONSTABLE ANDREW GREENWOOD
(appellant)
v
PATRICIA LEN TOM
(respondent)FILE NO/S:
APPEAL NO: 2/2016
DIVISION:
Appellate
PROCEEDING:
Appeal
ORIGINATING COURT:
Magistrates Court, Innisfail
DELIVERED ON:
5 August 2016
DELIVERED AT:
Cairns
HEARING DATE:
4 August 2016
JUDGE:
Morzone QC DCJ
ORDER:
1. Appeal allowed.
2. The sentence imposed by the Magistrates Court on 19 January 2016 is varied to the extent that a conviction will be recorded for the offence of serious assault on a public officer.
CATCHWORDS:
CRIMINAL LAW – appeal pursuant to s 222 Justices Act 1886 (Qld) – sentence – serious assault – obstruct police – 240 hours Community Service Order imposed – whether sentence manifestly inadequate – concession of error of law by proceeding on the wrong maximum penalty of seven years rather than 14 years – appropriate sentence – residual discretion.
Legislation
Justices Act 1886 (Qld), s 222, s 223(1) & 227
Penalties and Sentences Act 1992 Qld), s 9Cases
House v The King (1936) 55 CLR 499
Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170
Norbis v Norbis (1986) 161 CLR 513
R v Jackson [2011] QCA 103
R v King [2008] QCA 1
Queensland Police Service v Terare [2014] QCA 260
Ross v Commissioner of Police [2015] QDC 315
Graham v Commissioner of Police [2015] QDC 103
R v Dowel; ex parte Attorney-General of Queensland [2013] QCA 8
R v Hopper, ex-parte Attorney-General [2015] 2 Qd R 56COUNSEL: A. Hilton (legal officer) for the appellant
J. Sheridan for the respondentSOLICITORS: Office of the Director of Public Prosecutions for the appellant
Aboriginal and Torres Strait Islander Legal Service for the respondent
On 19 January 2016 the respondent was convicted on her plea of guilty in the Magistrates Court held in Innisfail, of one charge of serious assault of a public officer and obstruct police on 8 November 2016. The respondent was sentenced to 240 hours of community service with no conviction recorded.
The appellant now appeals the sentence on the ground that it was manifestly inadequate. At the outset of the hearing, the respondent’s counsel properly conceded that the magistrate erred in law by proceeding on the incorrect maximum penalty, which warranted a re-sentence.
Both parties provided outlines of argument and made further submissions on the hearing of the appeal which I have considered.
Background
The respondent was born on 17 May 1994. She was aged 21 years at the time of offending and is now aged 22 years.
She was the youngest of seven children and was born and raised in Cairns. Her father died in 2003 and her mother died in 2012.
The respondent graduated from school on completion of grade 12. She has completed a Certificate III in Warehouse Operation and completed a hospitality course in 2013. She worked as a waitress and in housekeeping until the end of 2013. She then moved to Bamaga and worked at the…
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- AGLC
- Greenwood v Tom [2016] QDC 196
- Case
- [2016] QDC 196
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. Appeal allowed.
2. The sentence imposed by the Magistrates Court on 19 January 2016 is varied to the extent that a conviction will be recorded for the offence of serious assault on a public officer.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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