Tierney v Commissioner of Police

DISTRICT COURT OF QUEENSLAND CITATION: Tierney v Commissioner of Police [2020] QDC 4 PARTIES: NOEL JAMES TIERNEY (appellant) v COMMISSIONER OF POLICE (respondent) FILE NO: 212/2018 DIVISION: Appellate PROCEEDING: Appeal pursuant to s 222 of the Justices Act 1886 ORIGINATING COURT: Magistrates Court at Noosa DELIVERED ON: 29 January 2020 DELIVERED AT: District Court at Maroochydore HEARING DATE: 11 October 2019 JUDGE: Long SC, DCJ ORDERS: The order made in the Magistrates Court at Noosa on 30 November 2018, that the defendant be found guilty of the offence of unlawful stalking is set aside and replaced with an order that the defendant is found not guilty of that offence. The consequential orders made on 30 November 2018, are set aside, except for the restraining order made pursuant to s 359F Criminal Code, which is varied to continue in force up to and including 29 November 2020. The issues as to costs are reserved and adjourned to be heard on the papers, with directions as to written submissions. CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST CONVICTION AND SENTENCE – s 222 of the Justices Act 1886 – Where the appellant was convicted after trial in the Magistrates Court of an offence of unlawful stalking – Where the appellant was sentenced to 12 months probation with a special condition and no conviction was recorded – Where the magistrate made a restraining order pursuant to s 359F Criminal Code for a period of 5 years, awarded $1,000 by way...