LJS v Sweeney

[2017] QDC 18

DISTRICT COURT OF QUEENSLAND

CITATION:

LJS v Sweeney [2017] QDC 18

PARTIES:

LJS
(appellant)

v

ADAM SWEENEY
(respondent)

FILE NO/S:

71 of 2016

DIVISION:

Criminal

PROCEEDING:

Appeal – s 222 Justices Act

ORIGINATING COURT:

District Court at Mackay

DELIVERED ON:

8 February 2017

DELIVERED AT:

Mackay

HEARING DATE:

6 February 2017

JUDGE:

Smith DCJA

ORDER:

1.     The Appeal is allowed.

2.     The orders made in the Magistrates Court in this matter are varied to the extent that on each of the two breaches of domestic violence orders (aggravated offences) the terms of 3 years imprisonment are set aside and in lieu thereof on each count the appellant is sentenced to 2 years imprisonment.

3.     Those sentences are to be served concurrently with each other and concurrently with the other terms of imprisonment imposed in the Magistrates Court on 18 August 2016.

4.     The parole release date fixed in the Magistrates Court is set aside and in lieu thereof I fix the appellant’s parole release date as at 23 February 2017.

5.     The appeal is otherwise dismissed.

6.     I make no order as to costs.

CATCHWORDS:

CRIMINAL – JUDGMENT AND PUNISHMENT – SENTENCE – breaches of domestic violence orders and other offences- whether the sentence imposed was manifestly excessive in light of comparable decisions – where the respondent concedes the appeal

Domestic and Family Violence Protection Act 2012 (Q) ss 37, 42

Justices Act1886 (Q) s 222

Penalties and Sentences Act 1992 (Q) s 9

IFM v Queensland Police Service [2016] QDC 140

PMB v Kelly [2014] QDC 301

R v Goodger [2009] QCA 377

R v James [2012] QCA 256

R v Kowearpta [2009] QCA 48

R v King [2006] QCA 466

Teelow v Commissioner of Police [2009] 2 Qd R 489

COUNSEL:

Mr T Zwoerner for the appellant

Ms A. Baker for the respondent

SOLICITORS:

Legal Aid Office (Queensland) for the appellant

Office of the Director of Public Prosecutions (Q) for the respondent 

Introduction

1. The appellant appeals sentences imposed upon him in the Magistrates Court at Mackay on 18 August 2016. 

1. The following penalties were imposed: 

Date of offence	Offence	Penalty
1.	27 March 2016	Contravention of domestic violence order (aggravated offence)	3 years imprisonment
2.	30 April 2016	Contravention of domestic violence order (aggravated offence)	3 years imprisonment
3.	31 May 2016	Receiving tainted property	6 months imprisonment
4.	1 June 2016	Fraud	3 months imprisonment
5.	1 June 2016	Fraud	3 months imprisonment
6.	1 June 2016	Fraud	3 months imprisonment
7.	23 June 2016	Possessing dangerous drugs	3 months imprisonment
8.	23 June 2016	Assaulting or obstructing police	3 months imprisonment

1. The court fixed a parole release date as at 23 June 2017 and declared that the appellant was held in pre-sentence custody for 56 days between 24 June 2016 and 18 August 2016.  Accordingly, the effective penalty was 3 years imprisonment to serve 12 months imprisonment. 

1. The appeal is pursuant to s 222 of the Justices Act 1886 (Q). Section 222(1)(c) of the Justices…