Richardson v Commissioner of Police

Richardson appealed against his sentence to the Queensland Court of Appeal. The appellant was sentenced to six months imprisonment with a parole eligibility date of the 16th of March 2018. This was imposed by the Richlands Magistrates Court on 18th of January 2018 after the appellant pleaded guilty to one count of common assault in a public place whilst adversely affected by an intoxicating substance. The appellant argued that the sentence was manifestly excessive and that the sentencing judge did not appropriately consider his criminal history or mitigating circumstances. The appeal was heard by the Queensland Court of Appeal.

The court was required to determine whether the sentence imposed was manifestly excessive and whether the sentencing judge appropriately considered the appellant’s criminal history and mitigating circumstances. The court was also required to determine whether the sentence was within an appropriate range.

The court found that the sentence imposed by the sentencing judge was manifestly excessive. The court found that the sentencing judge did not appropriately consider the appellant’s criminal history or mitigating circumstances. The court found that the sentence was not within an appropriate range. The court set aside the sentence of six months imprisonment and sentenced the appellant to 46 days imprisonment. The court noted that the appellant had already served 46 days of imprisonment and declared that to be time served under the sentence imposed. The court also noted that the community service order of 40 hours was to remain as ordered.