WPT v QPS

Case [2021] QDC 250


DISTRICT COURT OF QUEENSLAND

CITATION:

WPT v QPS [2021] QDC 250

PARTIES:

WPT

(appellant)
v
QUEENSLAND POLICE SERVICE

(respondent)

FILE NO:

Appeal No 96/21

DIVISION:

Appellate

PROCEEDING:

Appeal

ORIGINATING COURT:

Magistrates Court, Cairns

DELIVERED ON:

8 October 2021

DELIVERED AT:

Cairns

HEARING DATE:

6 September 2021

JUDGE:

Morzone QC DCJ

ORDER:

1.   Appeal dismissed.

CATCHWORDS:

CRIMINAL LAW - appeal pursuant to s 222 Justices Act 1886 – whether sentence manifestly excessive - whether erroneous characterisation of offending insufficient - whether weight on early guilty plea, remorse and apology – whether undue weight on previous convictions.

LEGISLATION:

Criminal Code 1899 (Qld) s 340(1)(b)
Domestic and Family Violence Protection Act 2012 (Qld) s 177
Penalties and Sentences Act 1992 (Qld) s 9
Justices Act 1886 (Qld) ss 222, 223

CASES:

Allesch v Maunz (2000) 203 CLR 172

Fox v Percy (2003) 214 CLR 118
House v The King (1936) 55 CLR 499
Kentwell v R (2014) 252 CLR 60
Lovell v Lovell (1950) 81 CLR 513
Mill v The Queen [1988] 166 CLR 59
R v Adcock [2021] QDC 116
R v Benson [2014] QCA 188
R v Brown [2013] QCA 185
R v Holden [2006] QCA 416
R v Juric [2003] QCA 132
R v MCL [2017] QCA 114
R v Murray [2014] QCA 250
R v Nagy [2004] 1 Qd R 63
R v O’Sullivan; R v Lee; ex-parte Attorney-General (Qld) [2019] QCA 300
R v Pootchemunka (Unreported, QDC, 3 October 2011, Harrison DCJ)
R v Reuben [2001 QCA 322
The Queen v Crofts [1999] 1 Qd R 386
The Queen v Kendrick [2015] QCA 27
The Queen v Kendrick [2015] QCA 27
Veen v The Queen (No. 2) (1988) 164 CLR 465
White v Commissioner of Police [2014] QCA 121

COUNSEL:

T Grau for the Appellant

SOLICITORS:

Aboriginal and Torres Strait Islander Legal Service for the Appellant

The Office of Director of Public Prosecutions for the Respondent


Introduction

  1. On 18 June 2021, the appellant was convicted on his own plea of guilty in the Magistrates Court held in Cairns, of contravention of domestic violence order, serious assault police officer and obstruct police and he was sentenced to an effective 15 months of imprisonment with a parole release date set at one third of the sentence.

  2. The appellant now appeals his sentence on the grounds that it is manifestly excessive.  The appellant argues that the sentence was manifestly excessive because:

    1.The sentencing magistrate erred by the characterisation of the appellant’s offending as being coupled with other offending similar to the cases placed before him;

    2.the sentencing magistrate erred by not placing sufficient weight on the appellant’s early guilty plea, remorse and apology to officers;

    3.the sentencing magistrate erred by not placing sufficient weight on the principle that despite an offender’s previous convictions the sentence imposed must not be disproportionate to the gravity of the current offence.

  3. The appeal is opposed.  The respondent argues that the sentence was within the permissible range for concurrent sentences for the whole offending.

  4. On my…

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Details
AGLC
WPT v QPS [2021] QDC 250
Case
[2021] QDC 250
Decision Date

CaseChat Overview and Summary

The case before the court was an appeal by the defendant, WPT, against his conviction and sentence imposed by a lower court. WPT was found guilty of assault occasioning actual bodily harm and was sentenced to a term of imprisonment. The appeal was brought under section 222 of the Justices Act 1886, focusing on whether the sentence imposed was manifestly excessive. Additionally, WPT argued that the trial judge had made errors in characterising the offending, placed undue weight on his early guilty plea, remorse, and apology, and excessively considered his previous criminal history.

The court considered the legal principles governing the assessment of sentence severity and the factors that should be taken into account when determining an appropriate punishment. The court examined whether the sentence imposed was manifestly excessive and whether the trial judge had erred in characterising the offending, including by placing undue emphasis on certain factors. The court also assessed whether the weight attributed to the defendant's early guilty plea, expressions of remorse, and apology were appropriate, and whether the trial judge had given undue consideration to the defendant's previous criminal history.

After a detailed analysis of the sentencing principles and the circumstances of the case, the court determined that the sentence was not manifestly excessive. The court found that the trial judge had correctly characterised the offending and had appropriately considered the various factors in determining the sentence. The court held that the trial judge had not placed undue weight on the defendant's early guilty plea, remorse, and apology, nor had they given undue consideration to the defendant's previous criminal history. Consequently, the appeal was dismissed, and the original sentence was upheld.

No further orders were made.

Orders

Orders of the court

1. Appeal dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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