Jull v The Commissioner of Police

[2004] QDC 464

DISTRICT COURT OF QUEENSLAND

CITATION:

Jull v The Commissioner of Police [2004] QDC 464

PARTIES:

MARK EDWARD JULL
Appellant
v
THE COMMISSIONER OF POLICE
Respondent

FILE NO/S:

6/2003

DIVISION:

Civil

PROCEEDING:

Appeal

ORIGINATING COURT:

Ipswich District Court

DELIVERED ON:

15 November 2004

DELIVERED AT:

Ipswich

HEARING DATE:

15 October 2004

JUDGE:

Richards DCJ

ORDER:

The appeal is allowed.The sentence is set aside.The appellant is sentenced to three months imprisonment and that term of imprisonment is wholly suspended for a period of 12 months.   

CATCHWORDS:

Sentence – assistance to police discovered after sentence .

COUNSEL:

Mr Kissick for the appellant

Mr Lehane for the respondent

SOLICITORS:

Walker Pender for the appellant

DPP for the respondent

1. The appellant pleaded guilty on 4 June 2003 to two charges of assaulting a police officer in the performance of his duties.  He was convicted and sentenced on 6 June 2003 to three months imprisonment.

1. On 2 April 2003 police attended his residence where a domestic incident was occurring.  The appellant was highly agitated and aggressive in his demeanour towards police.  He threatened to burn down the premises when police approached.  He was yelling at the police and refusing to comply with a request to permit entry.  He walked inside and picked up a large butcher’s knife and a small jerry can of petrol.  He then hurried towards police holding the butcher’s knife out in a threatening manner towards both police officers and yelling and swearing at them.  This was the first count to which he pleaded guilty. 

1. He then reacted when Constable Hall took hold of his left hand and told him to let go of the jerry can.  He refused to let go of it, a struggle followed and he raised his left arm above his head causing the petrol in the can to pour on to Constable Hall’s face and clothing.  The petrol entered the Constable’s eyes causing pain and making it difficult for him to see.  Mr Jull was restrained and Constable Hall was taken to the hospital having already received treatment for his eyes at the scene.  He suffered scratching to his cornea, an irritation to his eye but no permanent injury.

1. At the time of sentence he was 38 years of age.  He pleaded guilty at the first available opportunity and had no relevant criminal history.  The offences arose in circumstances where he had been working long hours in two jobs to try and support his partner and his three children. 

1. The offences were out of character.  He was under a good deal of stress.  He has since undergone counselling for anger management and relationship issues and a reference was tendered at the sentence.  He offered to pay compensation for the injury caused to Constable Hall.

1. Since sentencing it has been discovered that he had also assisted police in relation to a fraud committed by his employer who was making false claims on

   
   

   Q-Build.  He reported the matter to the CMC and supplied a full statement indicating that he was prepared to give evidence.  His employer has now pleaded guilty to the offence. 

1. In light of his cooperation in the administration and justice the Crown has conceded that the sentence, whilst at the upper end of the range of penalties before this fact was known, is now manifestly excessive and that it should be reduced to a wholly suspended period of imprisonment. 

ORDER

The appeal is allowed.  The sentence is set aside.  The appellant is sentenced to three months imprisonment and that term of imprisonment is wholly suspended for a period of 12 months.