Hounslow v Bradley

[2009] QDC 33

[2009] QDC 33

DISTRICT COURT
CIVIL JURISDICTION

JUDGE NOUD

No 1361 of 2008

TANYA MAY HOUNSLOW	Appellant
and
REBECCA BRADLEY	Respondent
BRISBANE ..DATE 23/02/2009
ORDER

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23022009 D.1 T(2)03/CAS(BNE) M/T BRIS29 (Noud DCJ)

HIS HONOUR: This is an appeal against sentence. The	1
appellant was dealt with in the Magistrates Court on 13 April 2008. The charge before the Magistrate was one of receiving stolen property. The date of the offending was between 14 September 2007 and 28 September 2007. The circumstances

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relating to the stealing are set out in the submissions by the
representatives, those of the appellant, filed 9 October 2008
and those of the respondent being Exhibit 2. I shall not

repeat those details.

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The Magistrate sentenced the appellant to five months imprisonment. The Magistrate also declared that the appellant had been in pre-sentence custody for 152 days. The Magistrate was in error in doing that. Both sides agree that that is so. The appellant had been in pre-sentence custody but the pre-

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sentence custody was not declarable. The appellant however
had been in pre-sentence custody, as I have said, for 154

days.

The appellant had a bad criminal history and I take it to be

40

the case that the pre-sentence custody was fair punishment for
the offence in all the circumstances. What should have
happened then before the Magistrate is that the appellant
should have been convicted, the conviction recorded and she

should have not then been further punished. The

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representatives are agreed that that would be an appropriate
way of dealing with the matter.
23022009 D.1 T(2)03/CAS(BNE) M/T BRIS29 (Noud DCJ) 1-2 ORDER 60

I have perused the materials and I agree with the	1
representatives that that is the case.
The appellant was out of time for appealing. It was only for one day. The circumstances relating to that are set out in

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the affidavit of Mr Finlayson. I have had regard to the
contents of the affidavit. The time for appealing should be

extended.

So having given those remarks I will now make the necessary

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orders. The orders are these:

1. I extend the time for appealing to 13 June 2008.

2. I allow the appeal.

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3. I set aside the orders made by the Magistrate.

4. I proceed now to sentence the appellant myself.

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The sentence is this: The appellant is convicted. The conviction is recorded. The appellant is not further punished.

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1-3 ORDER 60