Jenkie v Police

[2009] QDC 84

[2009] QDC 84

DISTRICT COURT
APPELLATE JURISDICTION

JUDGE RICHARDS

No 12 of 2009

PHILLIP CHARLES JENKIE	Appellant (Defendant)
and
POLICE	Respondent(Complainant)
IPSWICH ..DATE 06/04/2009
JUDGMENT

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HER HONOUR: This is an appeal for a sentence imposed on the

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7th of January 2009 for a serious assault on a Corrective
Services officer. The appellant, it seems, pushed the officer
in the chest so the assault itself was not particularly
serious. But the appellant who is only 20 years of age has a

very serious criminal history and was in gaol at the time for	10
offences of violence.
So a sentence of three months' imprisonment was imposed
because it was an offence of violence committed in a custodial
institution. The three months' imprisonment was made	20
cumulative and a parole eligibility date of 6th March 2009 was
set on the basis that both the solicitor for the appellant and
the prosecutor submitted that that was the appropriate order.
However, a careful reading of the legislation indicates that
that submission was incorrect and that a fixed parole release	30
date was appropriate under 160B subsection (3) of the Penalties and Sentences Act.
Accordingly, the Crown has conceded that an error of law was
made in the sentence and this Court therefore has to sentence	40
the appellant afresh. The effect of the amount of time it has
taken to bring the matter on for appeal, which has been three
months, is that the appellant has now served an extra month in
custody than he would otherwise have served under the actual
sentence imposed. So whilst the sentence I am about to impose	50

would be inappropriate in other circumstances taking into
account the effective three months he has spent in custody
now, it seems to me that it is appropriate for the appeal to
be allowed and the sentence set aside and in relation to this 1-2 JUDGMENT 60

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sentence. The appellant is convicted and not further
punished, which will have effect of restoring the original

parole date which is the 9th of January this year.

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