APL v Queensland Police Service

DISTRICT COURT OF QUEENSLAND CITATION: APL v Queensland Police Service [2022] QDC 214 PARTIES: APL (appellant) v QUEENSLAND POLICE SERVICE (respondent) FILE NO/S: 1/22 DIVISION: Appellate PROCEEDING: Appeal pursuant to s 222 of the Justices Act 1886 (Qld) ORIGINATING COURT: Toowoomba Magistrates Court DELIVERED ON: 31 March 2022 (ex tempore) DELIVERED AT: Brisbane District Court HEARING DATE: 31 March 2022 JUDGE: Dearden DCJ ORDER: Appeal granted;  (1)      Set aside the sentences imposed at the Toowoomba Magistrates Court on 26 January 2022 in respect of charge 1 (four months imprisonment) and charge 2 (12 months imprisonment, concurrent);  (2)      Substitute sentences of three months imprisonment (charge 1) and four months imprisonment (charge 2), concurrent;  (3)      Fix a parole release date at 31 March 2022;  (4)      Declare the period between 26 January 2022 and 30 March 2022, a total of 64 days, as time served in respect of each of the sentences of imprisonment;  (5)      No order as to costs.  (6)      CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where appellant convicted of two charges of contravention of a domestic violence order (aggravated) – where appellant sentenced to four months imprisonment in respect of charge 1 – where the appellant sentenced to 12 months imprisonment in respect of charge 2 – where sentences were concurrent – whether the sentence imposed was manifestly excessive LEGISLATION Justices Act 1886 (Qld) ss 222, 223 CASES ETB v Commissioner of Police [2018]...