KRN v Queensland Police Service

DISTRICT COURT OF QUEENSLAND

CITATION:

KRN v Queensland Police Service [2019] QDC 205

PARTIES:

KRN
(Appellant)

v

QUEENSLAND POLICE SERVICE
(Respondent)

FILE NO/S:

D62/19

DIVISION:

Criminal

PROCEEDING:

Appeal

ORIGINATING COURT:

Magistrates Court at Proserpine

DELIVERED ON:

17 October 2019

DELIVERED AT:

Mackay

HEARING DATE:

8 October 2019

JUDGE:

Farr SC DCJ

ORDER:

The appeal is dismissed. 

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the appellant was sentenced in the Proserpine Magistrates Court to a total of 9 months 28 days imprisonment with a parole release date – where the appellant claims his solicitor did not adequately represent him – where the appellant claims the learned magistrate should have partially suspended the overall sentence rather than set a parole release date – whether the penalty was excessive.

COUNSEL:

The appellant was self-represented

E Coker for the respondent

SOLICITORS:

Office of the Director of Public Prosecutions for the respondent

1. The appellant appeared in the Proserpine Magistrates Court on 20 June 2019 and pleaded guilty to the following offences:

·    Contravention of a Domestic Violence Order (Aggravated), for which he was sentenced to 8 months imprisonment;

·    Wilful damage (Domestic Violence Offence), for which he was sentenced to 7 days imprisonment;

·    Breach of a bail undertaking, for which he was sentenced to 14 days imprisonment;

·    Using a carriage service to menace, harass or cause offence, for which he was discharged upon entering into a $400.00 recognisance conditioned that he be of good behaviour for 12 months; and

·    Drive a motor vehicle under the influence of liquor, for which he was sentenced to 14 days imprisonment and was disqualified from holding or obtaining a driver licence for a period of 2 years.

1. The terms of imprisonment were ordered to be served concurrently. 

1. Some of the offences were committed during the operational periods of 3 suspended terms of imprisonment which totalled 1 month 28 days imprisonment.  Those operational periods had been in effect for just under 2 months at the time.  They were imposed for the defendant having previously breached a probation order which had been imposed for another charge of contravention of a domestic violence order (aggravated offence) and for a further charge of a domestic violence order (aggravated offence) which occurred on 18 February 2019.

1. The learned magistrate activated the total period of 1 month 28 days imprisonment and the appellant was ordered to serve the period of 8 months imprisonment which was imposed for the substantive offences cumulatively upon that period of 1 month 28 days.

1. The appellant was therefore sentenced to a total of 9 months 28 days imprisonment.  39 days of pre-sentence custody was declared and a parole release date was set at 11 July 2019; that is after he served a total period of 2 months imprisonment.

Grounds of appeal

1. The notice of appeal notes the following ground of appeal:

·    That the penalty was too severe and manifestly…