Wicks v Hughes

[1994] QCA 153

IN THE COURT OF APPEAL [1994] QCA 153

SUPREME COURT OF QUEENSLAND

C.A. No. 70 of 1994

Brisbane

[Wicks v. Hughes]

D.J. WICKS

v.

RHONDA MARIE HUGHES

(Applicant)

The President
Mr Justice McPherson

Mr Justice Byrne

Judgment delivered 17/05/1994
Judgment of the Court

THE APPLICATION FOR LEAVE TO APPEAL IS GRANTED. THE APPEAL IS ALLOWED. THE SENTENCE OF 3 MONTHS IMPRISONMENT IS SET ASIDE. THE CONVICTION IS NOT TO BE RECORDED.

CATCHWORDS: CRIMINAL LAW - sentence - whether sentence manifestly excessive - effect of timely guilty plea.

Counsel:  Mr G Long for the applicant

Mr P Rutledge for the respondent

Solicitors:  Legal Aid Office for the applicant

Director of Prosecutions for the respondent

Hearing Date: 09/05/1994

REASONS FOR JUDGMENT OF THE COURT

Judgment Delivered: 17/05/1994

In the reasons in Browne and Wicks v. Fischer, C.A. No. 63 of 1994, mention is made of this applicant's conduct. She has pleaded guilty to assaulting Wicks with intent to prevent Fischer's lawful arrest, to obstructing police in the execution of their duty, and to disorderly conduct.
The applicant was sentenced to three months imprisonment for the assault on the police officer. This application relates to that sentence, which is said to be manifestly excessive.
The applicant is younger than Fischer. Her misconduct was also different in nature and degree from Fischer's violence. She has spent 15 days in custody under the sentence the Magistrate imposed. In the circumstances, including her timely plea (which the Magistrate appears to have overlooked), that detention is sufficient punishment for her.

The application should be granted, the appeal allowed and the sentence set aside. No new sentence need be substituted, nor should the conviction be recorded.