R v Thacker

[1992] QCA 447

COURT OF APPEAL  [1992] QCA 447

PINCUS JA
de JERSEY J
WHITE J

CA No 260 of 1992

THE QUEEN

v.

GLENN THACKER  Appellant

BRISBANE

..DATE 22/10/92

JUDGMENT

221092
PINCUS JA: This is an application by Mr Glenn Thacker for leave to appeal against sentence on the ground of its severity. It was an incident which has been described by Mr Thacker, I think quite fairly, and he equally fairly admits that the fine of $500 which was imposed was not beyond the bounds of reasonableness. He says it was a bit high, but he does not seriously suggest there was anything very unreasonable about it.

What he says, in effect, is that because he has not got a job, he is concerned that if he does not pay the fine by the due date, which is 17 February next year, he might suffer imprisonment for the default period, which is a period of 3 months.

It appears from the record, page 10, line 12, that when the Judge asked how much time was needed, Mr Thacker replied, "Six months. It doesn't worry me how long it is, but I haven’t got any money.”, and he explained that he intended to pay it. Now if the information he has given us today is correct, he does expect to get a job, but of course it may turn out that he does not, because, as he correctly says, times are hard.

My opinion is that there is nothing this Court can do about it at this stage, because it seems to me clear that the Judge's fixation of 6 months was a reasonable period, and the default period also seems to be within the bounds of reasonableness. What has been pointed out to Mr Thacker during the course of the hearing is that, if he does not pay, he should attend on the date fixed by the Court, which is 22 February, and apply for an extension of time to pay then. Under the Statute, as has been mentioned to him, he can apply before that date if he wants to. He is currently in Brisbane for another purpose, and he could apply to the Court for an extension now, if he thinks this is the appropriate time. However, it is only October, and he may not think it is appropriate to apply for an extension of time yet.

The penalty imposed was a reasonable one, the default period was a reasonable one, and the real problem is that Mr Thacker thinks he might need an extension of time.

For these reasons, the Court should not grant this application for leave to appeal against sentence, and I would refuse it.

de JERSEY J: I agree.

WHITE J: I agree.

PINCUS JA: The order of the Court is the application for leave to appeal against sentence is dismissed.