Weldon v Fitzpatrick

[2009] QDC 64

[2009] QDC 64

DISTRICT COURT
APPELLATE JURISDICTION

JUDGE SEARLES

No 3039 of 2008

BYRON WELDON	Appellant
and
SHANE BRIAN FITZPATRICK	Respondent
BRISBANE ..DATE 09/02/2009
ORDER

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HIS HONOUR: I am persuaded by the submissions of Ms Robbins

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for the appellant which are not contested by Ms Overell for
the Crown and for the reasons outlined in their submissions on
behalf of the appellant they are supported by the reasons for
the respondent - given by the respondent. I am satisfied

firstly that the time within which the appellant be entitled	10
to appeal be extended so as to bring the present appeal within time.
As to the substantive appeal I am satisfied that the
discretion of the learned magistrate in the imposition of the	20
sentence and the fixing of the parole eligibility date at the
1st of January 2015 amounted to an error. In fairness to the
learned magistrate the age of the appellant, being 15 years of
age at the time of the offence, was not made known to the
court. In all the circumstances I make the following orders:	30
1) as outlined above the period - the time within which the
appellant be allowed to file a notice of appeal be extended to
bring his notice of appeal within time;
2) the sentence of the learned magistrate of 15 January 2008	40
be set aside-----
MS ROBBINS: April, your Honour, not January.
HIS HONOUR: 15th of April 2008, was it? Thank you. Yes, you	50

are quite right. Next, that a conviction be recorded by the
appellant be admonished and discharged. And if it be
necessary I clarify the situation that the present parole
eligibility date of the appellant of 7 April 2009 remains 1-2 ORDER 60

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unchanged.

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