District Court

Mallory v Commissioner of Police [2017] QDC 054 (16/1789) Bowskill QC DCJ 3 March 2017 (delivered ex tempore)

Full-text: QDC17-054.pdf


CRIMINAL LAW – appeal against sentence – where the appellant pleaded guilty to a number of offences, including four charges of failure to appear in accordance with a bail undertaking under s 33 of the Bail Act 1980 – where a month before the sentence the appellant had been sentenced in the District Court to 3 years’ imprisonment, with parole release fixed after 12 months – where the Magistrate was informed that the appellant had spent 43 days in pre-sentence custody which was declarable under s 159A of the Penalties and Sentences Act 1992 – where the appellant was sentenced to 14 days’ imprisonment on each of the failure to appear charges, and 3 months’ imprisonment on all the other charges, a cumulative total of 5 months’ imprisonment, which was wholly suspended for an operational period of 2 years - whether the sentences imposed by the Magistrate were manifestly excessive – whether the Magistrate erred in finding that he could not declare the time spent in custody, if he intended to suspend the terms of imprisonment being imposed by him – whether the Magistrate erred in suspending the terms of imprisonment imposed in respect of the failure to appear charges, which by force of s 33(4) of the Bail Act were required to be cumulative on one another, and on the other sentences imposed on the same day, and on the District Court sentence the appellant was already serving