Lamont v Queensland Police Service

The appellant, Lamont, appealed against the sentence imposed by the District Court of Queensland for dangerous operation of a motor vehicle while adversely affected by an intoxicating substance, driving under the influence of a drug, and possession of a dangerous drug. The court was required to decide whether the original sentence was appropriate, particularly in light of the appellant's extensive history of traffic offences, and whether it was suitable for the appellant to serve time in actual custody or if an alternative such as probation would be more appropriate.

The Queensland Court of Appeal considered the appellant's significant traffic history and the steps he had taken towards rehabilitation. The court noted that the original sentence did not adequately consider the potential benefits of probation over imprisonment. The appellant had shown a commitment to rehabilitation, and the court found that the original sentencing judge had erred by not considering probation. Consequently, the appeal was allowed, and the appellant was re-sentenced.

The court re-sentenced the appellant to a suspended 12-month imprisonment for the dangerous operation offence, with 17 days to be served, and three years of probation for the drug-related offences. The court declared that the 17 days already served by the appellant from 26 June 2017 to 13 July 2017 would count towards the operational period of the suspended sentence. The court also ordered that a conviction be recorded for all offences.