Police v Stewart - [2014] QMC 18

MAGISTRATES COURTS OF QUEENSLAND

CITATION:

Police v Stewart [2014] QMC 18

PARTIES:

POLICE

(prosecution)

v

BEVERLY MAY STEWART

(defendant)

FILE NO/S:

MAG210787/13(5)

DIVISION:

Magistrates Courts

PROCEEDING

Charge - Sentence

ORIGINATING COURT

Magistrates Court at Brisbane

DELIVERED ON:

2 May 2014

DELIVERED AT:

Brisbane

HEARING DATE:

30 April 2014

MAGISTRATE:

Callaghan CJ

ORDER:

Defendant is convicted and fined $200 for not displaying “L” plates whilst driving; and convicted and fined $200 and disqualified from holding or obtaining a driver licence for a period of one month for driving under a “State Penalties Enforcement Act 1999” suspension; and convicted and ordered to perform 100 hours of unpaid community service and disqualified from holding or obtaining a driver licence for a period of two years for failing to stop when required to do so by police contrary to s 754 of the “Police Powers and Responsibilities Act 2000”. Convictions recorded.

CATCHWORDS:

TRAFFIC LAW – OFFENCES - SENTENCE – failing to stop motor vehicle when directed

INTERPRETATION OF SENTENCING PROVISION – use of extrinsic material – amending legislation - mandatory sentencing – probation and community service sentencing options when a provision prescribes imprisonment as a punishment

Police Powers and Responsibilities Act 2000 (Qld), s 754

Penalties and Sentences Act 1992

Acts Interpretation Act 1954

COUNSEL:

KR Burnett (senior constable) for the prosecution

TJ Schafer (solicitor) for the defendant

SOLICITORS:

Prosecution on their own behalf

Howden Saggers solicitors for the defendant

Beverley May Stewart pleaded guilty on 30 April 2014 to three offences committed on 28 October 2013: failing to display her L plates whilst a learner licence driver; riding a motor scooter whilst suspended under the State Penalties Enforcement Act 1999; and failing to stop that motor scooter when required, contrary to section 754 of the Police Powers and Responsibilities Act 2000.

She is 60 years of age and on a disability support pension. She has been receiving methadone on and off for some 40 years now and on 28 October 2013, the day of these offences, she wanted to change her medication from methadone to suboxone, however her treating medical practitioner at Biala, the drug rehabilitation clinic that has been servicing her, refused to give her suboxone, presumably as the methadone in her system would need to dissipate from her system prior to ingesting the suboxone otherwise it would cause danger to her. She was not thinking clearly as a result of this. She has a criminal history, rather typical for a person with a long term drug addiction, with some offences of dishonesty and some drug related offences. The last criminal offence of possessing drugs and a pipe, so it was presumably cannabis, was committed on 12 March 2012. She was convicted, a conviction was recorded but she was not further punished. It seems to show the level of that offending but apart from that I know nothing further about that matter. She has a minimal traffic history and she only holds a learner licence.

On 28 October…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Police v Stewart

Details

AGLC: Police v Stewart [2014] QMC 18
Case: [2014] QMC 18
Decision Date: 2 May 2014

CaseChat Overview and Summary

In Police v Stewart, the defendant was convicted on three separate charges and faced sentencing. The charges included failing to display “L” plates while driving, driving under a suspension, and failing to stop when directed by police. The matter was heard and determined in the Magistrates Court of Victoria.

The primary legal issue before the court was the interpretation of the sentencing provisions in the relevant legislation. The court had to determine the appropriate sentence for each offence, considering the statutory requirements and the legislative framework, including the mandatory sentencing for the offence of failing to stop when directed by police. The court also needed to assess the availability of probation and community service options, particularly in light of the prescribed imprisonment stipulated in the relevant provision.

In delivering its judgment, the court first addressed the issue of sentencing for the failure to display “L” plates and the driving under suspension charges. For these offences, the court imposed a fine of $200 for each charge and recorded the convictions. Turning to the charge of failing to stop when directed by police, the court imposed a fine of $200, disqualified the defendant from holding or obtaining a driver licence for one month, and ordered the defendant to perform 100 hours of unpaid community service. The court also disqualified the defendant from holding or obtaining a driver licence for a period of two years. The court concluded by recording the conviction for this charge.

The final orders of the court were that the defendant be fined $200 for not displaying “L” plates while driving and for driving under suspension, with convictions recorded for each offence. For the charge of failing to stop when directed by police, the defendant was fined $200, disqualified from holding or obtaining a driver licence for one month, ordered to perform 100 hours of unpaid community service, and disqualified from holding or obtaining a driver licence for two years, with a conviction recorded.

Orders

Orders of the court

Defendant is convicted and fined $200 for not displaying “L” plates whilst driving; and convicted and fined $200 and disqualified from holding or obtaining a driver licence for a period of one month for driving under a “State Penalties Enforcement Act 1999” suspension; and convicted and ordered to perform 100 hours of unpaid community service and disqualified from holding or obtaining a driver licence for a period of two years for failing to stop when required to do so by police contrary to s 754 of the “Police Powers and Responsibilities Act 2000”. Convictions recorded.

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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CITATION:	Police v Stewart [2014] QMC 18
PARTIES:	POLICE (prosecution) v BEVERLY MAY STEWART (defendant)
FILE NO/S:	MAG210787/13(5)
DIVISION:	Magistrates Courts
PROCEEDING	Charge - Sentence
ORIGINATING COURT	Magistrates Court at Brisbane
DELIVERED ON:	2 May 2014
DELIVERED AT:	Brisbane
HEARING DATE:	30 April 2014
MAGISTRATE:	Callaghan CJ
ORDER:	Defendant is convicted and fined $200 for not displaying “L” plates whilst driving; and convicted and fined $200 and disqualified from holding or obtaining a driver licence for a period of one month for driving under a “State Penalties Enforcement Act 1999” suspension; and convicted and ordered to perform 100 hours of unpaid community service and disqualified from holding or obtaining a driver licence for a period of two years for failing to stop when required to do so by police contrary to s 754 of the “Police Powers and Responsibilities Act 2000”. Convictions recorded.
CATCHWORDS:	TRAFFIC LAW – OFFENCES - SENTENCE – failing to stop motor vehicle when directed INTERPRETATION OF SENTENCING PROVISION – use of extrinsic material – amending legislation - mandatory sentencing – probation and community service sentencing options when a provision prescribes imprisonment as a punishment Police Powers and Responsibilities Act 2000 (Qld), s 754 Penalties and Sentences Act 1992 Acts Interpretation Act 1954
COUNSEL:	KR Burnett (senior constable) for the prosecution TJ Schafer (solicitor) for the defendant
SOLICITORS:	Prosecution on their own behalf Howden Saggers solicitors for the defendant