Campbell v Galea

DISTRICT COURT OF QUEENSLAND CITATION: Campbell v Galea [2019] QDC 53 PARTIES: SENIOR CONSTABLE DARRYL CAMPBELL (appellant) v MARK GALEA (respondent) FILE NO/S: D 170 of 2017 DIVISION: Appellate PROCEEDING: Appeal under s 222 of the Justices Act 1886 ORIGINATING COURT: Magistrates Court at Maroochydore DELIVERED ON: 18 April 2019 DELIVERED AT: Maroochydore HEARING DATE: 22 June 2018 and 2 November 2018 JUDGE: Long SC, DCJ ORDER: The appellant is granted leave to file an amended notice of appeal and the time for doing so is extended to 11 January 2018.1.           The order made by the sentencing magistrate on 1 November 2017 that the respondent be placed on probation for the offence of possession of a controlled drug without authority on 23 September 2017, be varied to be that the respondent is convicted and not punished for that offence.2.           Otherwise, the orders made by the sentencing magistrate on 1 November 2017 are confirmed. 3.           CATCHWORDS: CRIMINAL LAW – SENTENCE – INTERPRETATION OF SENTENCING PROVISIONS – where respondent pleaded guilty to various offences including an offence of failure to stop a motor vehicle under s 754 Police Powers and Responsibilities Act 2000 – where respondent was sentenced to 2 years probation for failure to stop offence – whether the magistrate erred in imposing probation for the fail to stop offence – whether s 754 excluded imposition of probation orders – whether the sentence was manifestly inadequate in all of the circumstances – whether a case should be stated pursuant to s...