Smallwood v Queensland Police Service

DISTRICT COURT OF QUEENSLAND CITATION: Smallwood v Queensland Police Service [2021] QDC 43 PARTIES: DOUGLAS JOHNATHON SMALLWOOD (Appellant) v QUEENSLAND POLICE SERVICE (Respondent) FILE NO: 170 of 2020 DIVISION: Appellate PROCEEDING: Appeal pursuant to section 222 Justices Act 1866 ORIGINATING COURT: Magistrates Court of Queensland DELIVERED ON: 25 February 2021, ex tempore DELIVERED AT: Townsville HEARING DATE: 25 February 2021 JUDGE: Coker DCJ ORDER: 1.    The appeal is dismissed COUNSEL: Self-represented appellant C. Holden for the respondent SOLICITORS: Office of the Director of Public Prosecutions for the respondent There is an appeal before me at the present time brought by Douglas Jonathon Smallwood. For convenience, I shall refer to him as the appellant. His appeal is an appeal pursuant to the provisions of section 222 of the Justices Act 1866.  The appeal, which was filed in this Court on the 18th of September 2020, relates to a conviction on the 4th of September 2020.  That conviction related to one count of enter premises and commit an indictable offence.The period of imprisonment that was imposed in relation to that offending was 18 months imprisonment with a parole eligibility date of the 4 October 2020.  It should be noted, therefore, that the parole eligibility date that was fixed by the learned Magistrate hearing the matter, Magistrate Mack, was only one month after the matter was before the Court.The ground that is sought to be relied upon by the appellant in relation to the proceedings is that the sentence is, as he terms...