Wilson v Queensland Police Service

[2013] QDC 30

DISTRICT COURT OF QUEENSLAND

CITATION:

Wilson v Queensland Police Service [2013] QDC 30

PARTIES:

HOWARD SCOTT WILSON
(appellant)

And

QUEENSLAND POLICE SERVICE
(respondent)

FILE NO/S:

D23/12

DIVISION:

Appellate

PROCEEDING:

Section 222 Appeal

ORIGINATING COURT:

Mt Isa, Magistrates Court

DELIVERED AT:

Mt Isa

HEARING DATE:

12 February 2013

JUDGE:

Reid DCJ

ORDER:

Appeal allowed. Sentence amended to probation of six months. Respondent to pay Appellant’s costs.  

CATCHWORDS:

POSSESSION OF HOMEBREW – FINE – PROBATION

COUNSEL:

CW Winlaw (ODPP)

WL Hunter (Warren Hunter and Associates)

1. Howard Wilson appeals against the sentence imposed in the Magistrates Court at Mount Isa on 29 August 2012 for an offence of possessing homebrewed alcohol in the restricted area of Mornington Island.  He was convicted and fined $1,000.

1. Because of some sort of problem the transcript of the original sentence was not available.  There is however no dispute about the facts of what occurred or indeed the facts of the appellant’s offending.

1. The appellant is a 71 year old pensioner.  He is also said to be an alcoholic.  He was found on 15 July 2012 to be in possession of about one litre of home brew alcohol which he had made and had been drinking when police searched the home on Mornington Island in which he was living.

1. He has a three-page criminal history which is not however of great significance.  It does show prior offences relating to consumption of alcohol in restricted areas.  In particular he has been dealt with for such offences in February 2007, April 2008, April and July 2010 and March 2012.  On each of these occasions fines varying between $100 and $1,000 were imposed.  They were not imposed in any graduated increase over time, to reflect prior convictions, but appear to reflect the personal sentencing discretion of different Magistrates.  As I have said he does not otherwise have a particularly serious criminal history and does not from his record appear to be a man that is at all violent.

1. I considered issues surrounding the use of alcohol and in particular homemade alcohol on Mornington Island and what I thought about the suitability of fines with respect to offences of the sort before me in the related matter of Queensland Police Service v Milford Wilson in which I gave judgment on 8 February 2013.  Much of what I there said is in my view relevant to this case also.

1. In my view in the circumstances of this case and in particular the circumstances surrounding the issues on Mornington Island, the imposition of a fine on the appellant was excessive.  It is unlikely to have any significant ameliorating effect on his future conduct, in my view.

1. As in the case of Mr Milford Wilson, I think an order for six months’ probation is likely to have a more beneficial effect with a condition, further to the usual conditions, that he obey all lawful directions of the local community justice group on Mornington Island.

1. I therefore allow the appeal and make such an order to which the appellant, when before me, consented.  I also order that the respondent pay the appellant’s costs of the appeal fixed in the sum of $1,400 and order that they be paid to the trust account of the appellant’s solicitor, Warren Hunter and Associates.