Harris v Queensland Police Service

DISTRICT COURT OF QUEENSLAND CITATION: Harris v Queensland Police Service [2018] QDC 27 PARTIES: KAI REUEL HARRIS (Appellant) v QUEENSLAND POLICE SERVICE (Respondent) FILE NO/S: 378 of 2018 DIVISION: Appellate PROCEEDING: Appeal pursuant to s 222 of the Justices Act 1886 (Qld) ORIGINATING COURT: Magistrates Court at Brisbane DELIVERED ON: 16 February 2018 (ex tempore) DELIVERED AT: Brisbane HEARING DATE: 16 February 2018 JUDGE: Everson DCJ ORDER: 1.   Appeal allowed; 2.   The order of the sentencing magistrate of 31 January 2018 is set aside, and the appellant is resentenced to imprisonment for nine months with immediate release on parole. CATCHWORDS: APPEAL – s 222 of the Justices Act 1886 (Qld) – where the appellant was sentenced to nine months imprisonment for spitting on a bus driver – where the appellant was to serve two months in custody – whether a period of actual imprisonment was manifestly excessive R v King [2008] QCA 1 R v Murray [2014] QCA 250 R v Taylor & Napatali; ex parte Attorney-General of Qld [1999] QCA 323 COUNSEL: A S McDougall for the Appellant SOLICITORS: Sciacca & Associates for the Appellant Office of the Director of Public Prosecutions (Qld) for the Respondent This is an appeal pursuant to section 222 of the Justices Act 1886 (Qld). On 31 January 2018, the appellant was convicted in the Magistrates Court at Brisbane of, inter alia, the serious assault of a public officer and sentenced to a period of imprisonment of nine months with a parole release date...