DISTRICT COURT OF QUEENSLAND
CITATION: | King v Queensland Police Service [2019] QDC 131 |
PARTIES: | FRANCES JADE KING v QUEENSLAND POLICE SERVICE |
FILE NO/S: | 98/19 |
DIVISION: | Appellate |
PROCEEDING: | Appeal |
ORIGINATING COURT: | Magistrates Court, Cairns |
DELIVERED ON: | 29 July 2019 (ex tempore) |
DELIVERED AT: | Cairns |
HEARING DATE: | 26 and 29 July 2019 |
JUDGE: | Fantin DCJ |
ORDER: | Appeal dismissed. |
CATCHWORDS: | CRIMINAL LAW – appeal against conviction pursuant to s 222 Justices Act 1886 (Qld) – where the appellant pleaded guilty to three traffic offences, 12 property related offences, one offence of obstruct police and one breach of bail – where the appellant was sentenced to 15 months imprisonment with lesser concurrent sentences and a parole release date after serving five months – whether the sentence was manifestly excessive Legislation Cases Barbaro v The Queen (2014) 253 CLR 58 |
| COUNSEL: | B Bilic for the Appellant |
| SOLICITORS: | Aboriginal and Torres Strait Islander Legal Service for the Appellant The Office of Director of Public Prosecutions for the Respondent (C Fresta, solicitor) |
HER HONOUR: The appellant pleaded guilty in the Magistrates Court at Cairns to 17 offences. They comprise three traffic offences, 12 property related offences, one offence of obstruct police and one breach of bail.
The most serious of those offences was enter premises and commit indictable offence which had a maximum penalty of 14 years imprisonment.
On 15 May 2019, the appellant was convicted and sentenced in the Magistrates Court at Cairns by Acting Magistrate Heggie to a head sentence of 15 months imprisonment with lesser concurrent sentences on the other offences with a parole release date fixed at 4 September 2019. Forty one days of pre-sentence custody was declared as time served under the sentence. The effect of the sentences was that she was required to serve approximately five months actual custody before being released on parole.
The appellant appeals pursuant to section 222 of the Justices Act 1886 (Qld) against the sentence of 15 months imprisonment on the ground it is manifestly excessive in all the circumstances.
For the reasons that follow, I would dismiss the appeal.
The appellant was 23 years old and had just turned 24 when the last of the offences was committed. She was 24 at sentence. She had a limited criminal history comprising property offences committed when she was 17 years old.
On 13 April 2012, she was convicted of unauthorised dealing with shop goods. No conviction was recorded. She was sentenced to…
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- Case
- [2019] QDC 131
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed by the lower court was manifestly excessive. The appellant's counsel argued that the sentence was disproportionate to the nature and circumstances of the offences, particularly considering the appellant's guilty plea and the lesser sentences for other charges. The court had to assess whether the sentence was within the range of acceptable penalties for the offences committed and whether there was any error in the sentencing process.
The court considered the totality of the appellant's offending, the need for deterrence, and the principles of sentencing proportionality. It reviewed the facts of each offence and the context in which they were committed. The court concluded that the sentence was not manifestly excessive, taking into account the appellant's criminal history and the seriousness of the offences. The appeal was dismissed, and the original sentence was upheld.
Orders
Orders of the court
Appeal dismissed.
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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