TLB v Queensland Police Service

[2019] QDC 128

DISTRICT COURT OF QUEENSLAND

CITATION:

TLB v Queensland Police Service [2019] QDC 128

PARTIES:

TLB
(appellant)

v

QUEENSLAND POLICE SERVICE
(respondent)

FILE NO/S:

70/19

DIVISION:

Appellate

PROCEEDING:

Appeal

ORIGINATING COURT:

Magistrates Court, Cairns

DELIVERED ON:

31 July 2019

DELIVERED AT:

Cairns

HEARING DATE:

30 July 2019

JUDGE:

Fantin DCJ

ORDERS:

Allow the appeal.1.   

Set aside the pleas of guilty.2.   

Quash the convictions in respect of the charges of commit public nuisance, possession of a knife in a public place, breach of bail and unlawful stalking entered in the Magistrates Court at Cairns on 4 April 2019.3.   

Set aside the sentences imposed for those offences.4.   

Remit the proceedings to the Magistrates Court for rehearing before a different Magistrate.5.   

CATCHWORDS:

CRIMINAL LAW – APPEAL AGAINST CONVICTION RECORDED ON GUILTY PLEA – where appellant pleaded guilty to charges of breach of bail, unlawful stalking, commit public nuisance and unlawful possession of a knife in a public place – where the appellant appeals the conviction pursuant to s 222 Justices Act 1886 – where the appellant applies to withdraw his pleas of guilty – whether the appellant’s pleas should be set aside and the convictions quashed in the interests of justice

Legislation
Justices Act 1886 (Qld) s 147A(2), s 222

Cases
Ajax v Bird [2010] QCA 2
Commissioner of Police v James [2013] QCA 403
Dore & Ors v Penny [2005] QCA 150
R v Hennessy; Hennessy v Vojvodic [2010] QCA 345
R v Liberti (1991) 55 A Crim R 120
Long v Spivey [2004] QCA 118
Maxwell v R (1996) 184 CLR 501
Meissner v The Queen (1995) 184 CLR 132
Phillips v Spencer [2006] 2 Qd R 47
R v Verrall [2013] 1 Qd R 587
R v Wade [2012] Qd R 31

SOLICITORS 

The appellant appeared on his own behalf

The Office of the Director of Public Prosecutions for the respondent (T Papadimitriou)

Proceeding the subject of the appeal

1. On 4 April 2019 the appellant[1] pleaded guilty in the Cairns Magistrates Court to the following charges:

   [1] The name of the appellant has been anonymised because it is in the interests of justice to do so, in the light of the references to his medical records and medical conditions.

1. Commit public nuisance pursuant to section 6(1) of the Summary Offences Act 2005;

2. Possession of a knife in a public place pursuant to section 51(1) of the Weapons Act 1990;

3. Breach of bail condition pursuant to section 29(1) of the Bail Act 1980; and

4. Unlawful stalking pursuant to section 359E(1) of the Criminal Code.

1. He was sentenced on all charges to 18 months probation, convictions were recorded and a forfeiture order was made for the knife.  A restraining order was made for a period of 12 months. It included conditions that the appellant not attend or remain in a shopping centre, not approach or have contact with the complainant on the stalking charge and not contact her on social media.

Appeal

1. The…