Willich v Queensland Police Service

DISTRICT COURT OF QUEENSLAND

CITATION:

Willich v Queensland Police Service [2017] QDC 300

PARTIES:

PHILIP RAYMOND WILLICH
(appellant)

v

QUEENSLAND POLICE SERVICE
(respondent)

FILE NO/S:

APPEAL NO: 137/17

DIVISION:

Appellate

PROCEEDING:

Appeal

ORIGINATING COURT:

Magistrates Court, Cairns

DELIVERED ON:

11 December 2017

DELIVERED AT:

Cairns

HEARING DATE:

23 November 2017

JUDGE:

Morzone QC DCJ

ORDER:

1.   Appeal dismissed.

CATCHWORDS:

CRIMINAL LAW - appeal pursuant to s 222 Justices Act 1886 - conviction on guilty plea – appeal against sentence – common assault – deprivation of liberty – unlawful possession of weapons – short firearms in public – producing dangerous drugs – possessing dangerous drugs – possess utensils or pipes – prohibited explosives – explosives – breach of bail – mode of hearing of appeal – whether the cumulative term of imprisonment for the weapons offence was an error of law and resulted in manifestly excessive sentence – whether sentence of more than 12 months imprisonment for the common assault and deprivation of liberty was excessive in the circumstances – whether a conviction ought be recorded for drug offence.

Legislation
Criminal Code 1899 (Qld), ss16, 335.
Bail Act 1980 (Qld), s 29.
Drugs Misuse Act 1986 (Qld), ss 8, 9 10.
Explosives Act 1999 (Qld), s 11.
Justices Act 1886 (Qld), s 222, s 223(1) & 227.
Penalties and Sentences Act 1992 (Qld), ss 9, 156.
Weapons Act 1990 (Qld), s 50.

Cases

House v The King (1936) 55 CLR 499
Kentwell v R (2014) 252 CLR 60
Pearce v. The Queen (1998) 194 CLR 610
R v Boggs [2014] QCA 31
R v Bowditch [2014] QCA 157
R v Elhusseini [1988] 2 Qd R 442
R v Gordon; Ex parte A-G [1975] Qd R 301
R v Jackson [2011] QCA 103
R v James (Unreported 7/12/2012, QDC, Farr SC DCJ)
R v Lidbetter [2009] QCA 6
R v Lui [2009] QCA 366
R v R and S; ex parte Attorney-General [1999] QCA 181
R v Tricklebank [1994] 1 Qd R 330
R v Wong (2001) 207 CLR 584

COUNSEL:

P Feeney of counsel for the Appellant
G Meoli prosecutor for the Respondent

SOLICITORS:

Richardson & Eckersley Lawyers for the Appellant
The Office of Director of Public Prosecutions for the respondent

1. On 12 July 2017 the appellant was convicted and sentenced to an effective 3 years imprisonment with a minimum of 12 months to serve before being released on parole in relation to 7 charges in the Magistrates Court held in Cairns.  He now appeals his sentence.

1. Both parties provided outlines of argument, and made further submissions at, and after the hearing of the appeal, which I have considered.

Background

1. After unsuccessfully trying to order a pizza by telephone, the appellant went to the pizza store, coaxed the manager outside and berated him, before demanding he apologise on his knees while pointing a gun to his head.

1. On 12 July 2017 the appellant was convicted, on his own plea of guilty, of:

1.      Common assault;

2.      Deprivation of liberty;

3.…