Robbins v Howard

[2009] QDC 130

[2009] QDC 130

DISTRICT COURT
APPELLATE JURISDICTION

JUDGE TUTT

No 3343 of 2008

PAUL RAYMOND ROBBINS	Appellant
and
TROY JUSTIN HOWARD	Respondent
BRISBANE ..DATE 20/04/2009
ORDER

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HIS HONOUR: My orders in this matter will be that the appeal

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that you have lodged is dismissed for the reasons that,
firstly, you were dealt with before the Magistrates Court on the 12th of August 2008 after you entered pleas of guilty to the three offences referred to in the Magistrate's order.

They being one of unlawful stalking and one of entering a	10
dwelling and committing an indictable offence, namely, wilful damage to the door and, thirdly, a breach of domestic violence order.
You were legally represented on both occasions that those	20
matters came before the Court on the 1st of August 2008 at
which time you entered pleas of guilty to each of those
offences and on the 12th of August 2008 when submissions were
made in the sentence hearing, the Magistrate heard the
submissions and delivered her decision after hearing those	30
submissions in which she imposed the penalty previously referred to, namely, a six months wholly suspended sentence for an operational period of three years and that, after clarification, was in respect of each of those offences.
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I am not persuaded that there was any miscarriage of justice
in respect of the matter in respect of which pleas of guilty
were entered nor am I persuaded that the sentence imposed was
manifestly excessive. The sentence imposed was well within
the range of punishment to be imposed at that time. No doubt	50

the Magistrate took into account the 22 days which you had
apparently spent in custody and I am of the view that the
sentence imposed was reasonable and that it should have been 1-2 ORDER 60

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wholly suspended as the Magistrate, indeed, ordered.

In fact, the sentence imposed was slightly less than that
which was submitted by both parties as being reasonable so far

as the head sentence was concerned and although it does not	10
appear in the record that the Magistrate took your plea of
guilty into account, no doubt, it can be very safely assumed
that she did and imposed the sentence accordingly. In all the
circumstances, I am of the view that the appeal before this
Court should be dismissed and I make no order as to costs.	20
Thank you, Mr Robbins.

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1-3 ORDER 60