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
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.
The terms of imprisonment were ordered to be served concurrently.
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.
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.
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
The notice of appeal notes the following ground of appeal:
· That the penalty was too severe and manifestly…
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- Case
- [2019] QDC 205
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the appellant's solicitor provided adequate representation and if the sentence was manifestly excessive or inadequate. The court had to determine if the appellant's claims warranted an appeal against the sentence. The appellant argued that his legal representation was deficient and that the sentence imposed was excessive, potentially warranting a reduction or a partial suspension.
The court found that the appellant's claims of inadequate legal representation did not establish that the solicitor's performance was deficient to the extent that it would justify interfering with the sentence. The court also considered the severity of the appellant's crimes and determined that the sentence was not manifestly excessive. The court concluded that the magistrate had appropriately exercised their discretion in setting the parole release date, which was a valid alternative to partial suspension of the sentence.
The appeal was dismissed, and the original sentence was upheld. The court found no merit in the appellant's claims and did not find that the penalty was excessive or inadequate.
Orders
Orders of the court
The appeal is 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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