DISTRICT COURT OF QUEENSLAND
CITATION: | Rolls v Queensland Police Service [2021] QDC 339 |
PARTIES: | TAVIS LYNDON ROLLS (Appellant) v QUEENSLAND POLICE SERVICE (Respondent) |
FILE NO: | 103 of 2021 |
DIVISION: | Criminal |
PROCEEDING: | Appeal |
| ORIGINATING COURT: | Magistrates Court at Southport |
DELIVERED ON: | 19 November 2021 (ex tempore) |
DELIVERED AT: | Southport |
HEARING DATE: | 19 November 2021 |
JUDGE: | Jackson QC DCJ |
ORDER: | The appeal is allowed. |
| The orders of the Magistrates Court at Southport made on 11 March 2021 are varied: 1. by deletion of the order that a conviction be recorded and in lieu thereof it is ordered that no conviction is recorded; and 2. by substituting an order that the appellant perform 100 hours of community service less the hours already performed. | |
CATCHWORDS: COUNSEL: SOLICITORS: | CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – SENTENCE MANIFESTLY EXCESSIVE – Where the appellant was sentenced to 240 hours of community service, ordered to pay $2,000 compensation and a conviction was recorded – where the appellant submits that the recording of a conviction and the imposition of the maximum number of community service hours rendered the sentence manifestly excessive – whether the sentence was manifestly excessive in the circumstances. Justices Act 1886 E Engwirda for the Appellant Donnelly Law Group for the Appellant Office of the Director of Public Prosecutions for the Respondent. |
The appellant was convicted on his own plea of one count of assault occasioning bodily harm in company on 8 August 2020. He was sentenced to two years’ probation and 240 hours community service and ordered to pay $2,000 in compensation. A conviction was recorded.
Grounds of appeal
The sole ground of appeal is that the sentence imposed was, in all of the circumstances, manifestly excessive.
By his written submissions dated 8 June 2021, the appellant identifies the following reasons it is submitted the appeal should be allowed together with or leading to manifest excess:
(a)The learned sentencing Magistrate erred in the exercise of the discretion conferred by s 12(1) of the Penalties and Sentences Act 1992 (“the Act”) to record a conviction;
(b)This is not a case where the nature of the offence of itself warranted the recording of a conviction;
(c)The learned sentencing Magistrate mis-stated the agreed facts in the sentencing remarks;
(d)The learned Magistrate imposed the maximum number of community service hours without the appellant’s consent and when such order was not appropriate in the circumstances.
In a supplementary outline a further argument as to parity is raised.
Nature of the appeal
To succeed on an appeal such as this pursuant to section 222 of the Justices Act, an appellant must demonstrate that the order the subject of the appeal is…
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- Case
- [2021] QDC 339
- Decision Date
CaseChat Overview and Summary
The legal issue before the Court was whether the sentence imposed by the Magistrates' Court was manifestly excessive. The appellant submitted that the combination of the conviction, community service hours, and compensation order amounted to a manifestly excessive sentence. The Court had to determine whether the sentence was appropriate and proportionate to the offence committed.
The Court of Appeal found that the sentence was indeed manifestly excessive. The Court considered the nature and circumstances of the offence, the appellant's background, and the sentencing principles outlined in the relevant legislation. The Court held that the imposition of the maximum number of community service hours and the recording of a conviction were disproportionate to the offence committed, which was relatively minor. The Court also noted that the appellant had no prior convictions and had shown remorse for his actions. The Court concluded that the sentence was manifestly excessive and ordered a new sentencing hearing.
The Court ordered that the appeal be allowed and that the matter be remitted to the Magistrates' Court for a new sentencing hearing. The Court directed that the Magistrates' Court consider the appropriate sentence in light of the appellant's background, the nature of the offence, and the sentencing principles outlined in the legislation. The Court also directed that the conviction be quashed and that the appellant be discharged without conviction.
Orders
Orders of the court
The appeal is allowed.
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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