Version 2.

Chief Magistrate’s Notes (CMN)

A B C D E F G H I

J M N P S T U W Y

A (back to index)
Abuse of process
Adjournment
Age
Animals
Animals – Breach of Duty of Care
Assault
Apprehended Bias

B (back to index)
Bail
Bail – Conditions
Bail – Fail to Appear
Bail – Fail to Report
Bail – Pending Appeal
Bail – Pending Sentence
Bail – Terrorism Offences
Bail – Unacceptable Risk
Bail – Youth Justice Act
Barbaro
Bias
Body Corporate
Burglary

C (back to index)
Capacity
Cattle
Child Protection
Children
Civil
Civil – Costs
Civil – Recovery
Civil – Summary Judgment
Commonwealth
Complaints
Complaints – Amendment
Complaints – Particulars
Complaints – Strike Out
Confessions
Contempt
Coroners Court
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Costs - Civil
Costs – Domestic Violence
Costs – Justices Act
Costs – Peace and Good Behaviour Act
Cross-examination

D (back to index)
Defence – Accident
Defence – Consent
Defence – Domestic Discipline
Defence – Emergency
Defence – Emergency – Traffic
Defence – Exercise of Right of Way or Easement
Defence – Honest Claim
Defence – Mistake
Defence – Mistake – Traffic
Defence – Mistake – Traffic – Disqualified Driving
Defence – Of a Dwelling
Defence – Provocation
Difficult Litigants
Digital Devices
Disclosure
Dishonesty
Domestic Violence – Contravention
Domestic Violence – Costs
Domestic Violence – Cross-Applications
Domestic Violence – Emotional/Psychological Abuse
Domestic Violence – Making an Order
Domestic Violence – Making an Order – Evidence
Domestic Violence – Making an Order – Procedural Fairness
Domestic Violence – Necessary or Desirable
Domestic Violence – Necessary or Desirable - Process
Domestic Violence – Procedural Fairness
Domestic Violence – Procedure
Domestic Violence – Retrospective
Domestic Violence – Variation of Orders
Drugs
Drugs – Possession

E (back to index)
Elections and Voting
Evidence
Evidence – Admissions
Evidence – Admissions – Voluntariness
Evidence – Balance of Probabilities
Evidence – Browne v Dunn
Evidence - Circumstantial
Evidence – DNA
Evidence – Experts
Evidence – Flight
Evidence – Fresh Evidence
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Evidence – Hearsay
Evidence - Identification
Evidence – Lies
Evidence – Privilege
Evidence – Protected Witness
Evidence – Search
Evidence – Search – Loss of Evidence
Evidence – Search – Mobile phone
Evidence – Search – Post Search Approval
Evidence – Search – Power to seize evidence
Evidence – Search – Reasonable Suspicion
Evidence – Search – Vehicle
Evidence – Search – Vehicle – Consent
Evidence – Search – Vehicle – Excluded
Evidence – Similar Fact
Evidence – Telephone
Evidence – Victim Impact Statements
Evidence – Weissensteiner
Executive Liability
Extortion
Extradition

F (back to index)
Fair Trading
Fisheries Act
Forfeiture
Fraud

G (back to index)
Grievous Bodily Harm

H (back to index)
Health Practitioners

I (back to index)
Intent
Interpreter

J (back to index)
Joinder

M (back to index)
Media
Mental Health
Mental Health – Fitness for Trial

N (back to index)
No Case

P (back to index)

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Parties
Peace and Good Behaviour Act
Peaceful Assembly
Police – Obstruct Police
Police Powers
Police Powers – Arrest
Practice
Practice – Disclosure
Practice – Duplicity
Practice – Exhibits – Lost
Practice – Exhibits – Marking
Practice – Justices Act – s142A
Practice – Justices Act – 145
Practice – Justices Act – s147
Practice – Natural Justice and Procedural Fairness
Practice – Natural Justice and Procedural Fairness – Reasonable Opportunity to be Heard
Practice – Natural Justice and Procedural Fairness – Self-Represented
Practice – Particulars
Practice – Plea of Guilty
Practice – Plea of Guilty – Take into Account
Practice – Plea of Guilty – Withdrawal
Practice – Proceedings
Practice – Proceedings – Judicial Intervention
Practice – Proceedings – Re-Opening Prosecution Case
Practice – Reasons – Adequacy
Practice – Sentencing
Practice – Sentencing – Comparable Decisions
Practice – Sentencing – Submissions on Imprisonment
Prostitution
Public Nuisance

S (back to index)
Section 16 Criminal Code
Section 16 Criminal Code – Cumulative Sentencing
Section 16 Criminal Code – Fresh Charges
Section 16 Criminal Code – Punishable Act Test
Sentence – Admissions (AB v The Queen)
Sentence – Assault Occasioning Bodily Harm
Sentence – Assault Occasioning Bodily Harm – Alcohol
Sentence – Assault Occasioning Bodily Harm – Circumstance of Aggravation
Sentence – Breach of Bail
Sentence – Burglary
Sentence – Child Exploitation Material
Sentence – Civil Disobedience – Political Motivation
Sentence – Common Assault
Sentence – Commonwealth
Sentence – Commonwealth – s17A
Sentence – Commonwealth – s19B
Sentence – Commonwealth – Use a Carriage Service
Sentence – Compensation
Sentence – Compensation – Imprisonment
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Sentence – Compensation – SPER

Sentence – Co-operation
Sentence – Criminal History
Sentence – Criminal History – Relevance
Sentence – Criminal History – Relevance – Traffic
Sentence – Cumulative
Sentence – Cumulative – Parole
Sentence – Cumulative – Totality
Sentence – Cumulative – Totality - Deterrence
Sentence – Dangerous Operation of a Motor Vehicle
Sentence – Dangerous Operation of a Motor Vehicle – Adversely Affected
Sentence – Delay
Sentence – Deportation
Sentence – Deterrence
Sentence – Discretion
Sentence – Disobeying the Speed Limit
Sentence – Disqualification of Licence
Sentence – Disqualification of Licence – Discretion
Sentence – Disqualification of Licence – Remove Absolute Disqualification
Sentence – Disqualified Driving
Sentence – Disqualified Driving – History
Sentence – Domestic Violence
Sentence – Domestic Violence – Child named on order
Sentence – Domestic Violence – Cross-orders
Sentence – Domestic Violence – Deterrence
Sentence – Domestic Violence – Domestic Violence Offence
Sentence – Domestic Violence – Mental Health
Sentence – Domestic Violence – Non-Physical
Sentence – Domestic Violence – Non-Physical – Phone
Sentence – Domestic Violence – Physical
Sentence – Domestic Violence – Resentence Previous Breaches
Sentence – Domestic Violence – Same Aggrieved – Non-Physical
Sentence – Domestic Violence – Same Aggrieved – Physical
Sentence – Domestic Violence – Section 16 Criminal Code Act
Sentence – Driving Under the Influence
Sentence – Driving Under the Influence – Disqualification
Sentence – Driving Without Due Care and Attention
Sentence – Drugs
Sentence – Each Charge
Sentence – Extra-curial Punishment
Sentence – Fail to Stop
Sentence – Fail to Stop – Community Based Orders
Sentence – Family Considerations
Sentence – FASD
Sentence – Fine
Sentence – Fine – Capacity to Pay
Sentence – Fine – Capacity to Pay – Burden
Sentence – Fine – Capacity to Pay – Deterrence
Sentence – Fine – Capacity to Pay – SPER
Sentence – Fine – Totality
Sentence – Food
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Sentence – Hardship
Sentence – Imprisonment
Sentence – Interstate Imprisonment (Relevance)
Sentence – Indigenous
Sentence – Land Clearing
Sentence – Leaving a child under 12 unattended
Sentence – Liquor
Sentence – Maximum Penalty
Sentence – Mental Impairment
Sentence – Mental Impairment – Deterrence
Sentence – Mental Impairment – Evidence
Sentence – Mental Impairment – Recording a Conviction
Sentence – Mental Impairment – Voluntary Intoxication
Sentence – Obstruct Police
Sentence – Parity
Sentence – Parity – Cumulative
Sentence – Parole
Sentence – Parole – Cancellation
Sentence – Parole – Cumulative Sentencing
Sentence – Parole – Delays
Sentence – Parole – Offending on Parole
Sentence – Parole – Setting Date
Sentence – Parole – Setting Date – Halfway and Beyond
Sentence – Parole – Reasons
Sentence – Parole – Section 60F Penalties and Sentences Act 1992
Sentence – Parole – Totality
Sentence – Penalties and Sentences Act 1992
Sentence – Pin Codes
Sentence – Plea of Guilty
Sentence – Plea of Guilty – Sentence Reduction
Sentence – Plea of Guilty – Taken into Account
Sentence – Plea of Guilty – Weight
Sentence – Police Officer
Sentence – Presentence Custody
Sentence – Presentence Custody – Certificate
Sentence – Presentence Custody – Non-Declarable
Sentence – Prison Hardship
Sentence – Probation
Sentence – Probation – Combination Order
Sentence – Probation – Consent
Sentence – Prostitution
Sentence – Record Conviction
Sentence – Record Conviction – Commonwealth
Sentence – Record Conviction – Criminal History
Sentence – Record Conviction – Drugs
Sentence – Record Conviction – Employment
Sentence – Record Conviction – Employment - Principles
Sentence – Record Conviction – Mental Health
Sentence – Record Conviction – Opportunity to be Heard
Sentence – Record Conviction – Previous Convictions
Sentence – Record Conviction – Reasons
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Sentence – Record Conviction – Rehabilitation

Sentence – Record Conviction – Reportable Offender
Sentence – Record Conviction – Traffic
Sentence – Rehabilitation
Sentence – Re-opening
Sentence – Restitution
Sentence – Restitution vs Compensation
Sentence – Riot
Sentence – Serious Assault
Sentence – Serious Assault – Spitting
Sentence – Serious Assault – Spitting – Ambulance Officer
Sentence – Serious Assault – Spitting – Bus Driver
Sentence – Serious Assault – Spitting – Civilian
Sentence – Sexual Offences
Sentence – Sexual Offences – Exceptional Circumstances
Sentence – Sexual Offences – Incest
Sentence – Sexual Offences – Section 9(2)(a)
Sentence – Sexual Offences – Section 9(4)(b)
Sentence – Ships
Sentence – Stalking
Sentence – Suspended Sentence
Sentence – Totality
Sentence – Totality – Cumulative
Sentence – Totality – Existing Sentence
Sentence – Totality – Fines
Sentence – Totality – Parole
Sentence – Totality – Presentence Custody
Sentence – Trespass
Sentence – Trespass – Protest
Sentence – Uncharged Conduct
Sentence – Unlawful Use of a Motor Vehicle
Sentence – Victim Impact Statement
Sentence – Workplace
Sentence – Young Adults
Sentence – Youth Justice Act
Sentence – Youth Justice Act – Committed on Bail
Sentence – Youth Justice Act – Community Service Order
Sentence – Youth Justice Act – Detention
Sentence – Youth Justice Act – Detention – Deterrence
Sentence – Youth Justice Act – Detention – Mental Disability
Sentence – Youth Justice Act – First Offence
Sentence – Youth Justice Act – Indigenous
Sentence – Youth Justice Act – Intensive Supervision Order
Sentence – Youth Justice Act – Parity
Sentence – Youth Justice Act – Presentence Custody
Sentence – Youth Justice Act – Probation
Sentence – Youth Justice Act – Recording Conviction
Sentence – Youth Justice Act – Recording Conviction – Employment
Sentence – Youth Justice Act – Recording Conviction – Period of Offending
Sentence – Youth Justice Act – Recording Conviction – Previous Offending
Sentence – Youth Justice Act – Recording Conviction – Rehabilitation
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Sentence – Youth Justice Act – Rehabilitation

Sentence – Youth Justice Act – Restorative Justice
Sentence – Youth Justice Act – Section 150
Service
Stalking
Strangulation
Sustainable Planning Act 2009

T (back to index)
Traffic
Traffic – Disobeying the Speed Limit
Traffic – Disobeying the Speed Limit – Delegation
Traffic – Disobeying the Speed Limit – Devices
Traffic – Disobeying the Speed Limit – Devices – Lidar
Traffic – Disobeying the Speed Limit – Devices – TruCam
Traffic – Disobeying the Speed Limit – Evidence
Traffic – Disobeying the Speed Limit – Intention
Traffic – Disobeying the Speed Limit – Service
Traffic – Disqualification of Licence
Traffic – Driving Under the Influence
Traffic – Driving Without Due Care and Attention
Traffic – Fail to Give Way
Traffic – Fail to Keep Left of a Dividing Line
Traffic – Fail to Stop
Traffic – Fail to Stop – Intent
Traffic - Helmets
Traffic – Impounded Vehicle
Traffic – Interstate History
Traffic – Unlicenced Driving

U (back to index)
Unlawful Use of a Motor Vehicle
Unlicenced Building Work

W (back to index)
Weapons
Weapons – Recording a Conviction
Wilful Damage
Wilful Exposure
Workcover
Workplace

Y (back to index)
Youth Justice

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ABUSE OF PROCESS (back to index)

Abbott v Commissioner of Police [2016] QSC 95 42/16 Extradition: Service and Execution of Process Act
1992 (Cth). See [39], [44] and [57]
Hong Minh Nguyen trading as Mobile PC Doctor v 99/16 Test for abuse of process. See [19], [25] and [33]
Sensis Pty Ltd [2016] QDC 304

ADJOURNMENT (back to index)

Sali v SPC Ltd (1993) 116 ALR 625 - Consideration of the effect of an adjournment on
court resources and the competing claims by
litigants in other cases
Laurent v Commissioner of Police [2015] QDC 160 29/15 Application for an adjournment was refused based
upon the defendant’s ill health, natural justice
Cox v The Commissioner of Police [2015] QDC 183 42/15 Refusal of adjournment
Parbery & Ors v QNI Metals Pty Ltd & Ors [2018] - Parties are entitled to have their civil dispute quelled
QSC 276 by a final judgment or order by an impartial judge
and through a fair trial (at [76]-[92])
Branch v Commissioner of Police [2019] QCA 19 27/19 Adjournment, brief provided on morning of trial
Gebicki v Commissioner of Police [2019] QDC 108 69/19 Refusal to allow adjournment upon the close of the
prosecution case so the defendant can call a witness
Luu v The Commissioner of Police [2020] QDC 202 62/20 Refusal of adjournment due to unavailability of
counsel

AGE (back to index)

PM v Childrens Court of the Australian Capital - Whether a person born on 29 February 2000 was a
Territory & Ors [2018] ACTSC 258 child or an adult on 28 February 2018
R v KAK [2020] QDC 244 80/20 Doli Incapax, rebuttal of presumption that a person
under the age of 14 years of age is not criminally
responsible pursuant to s.29 Criminal Code 1899

ANIMALS (back to index)

Forbes v Copely [2018] QDC 171 71/18 Taking a protected animal (crocodile)
Usherwood v Keegan & Ors [2020] QSC 263 63/20 Outlines process when making an order to return
seized animals

ANIMALS – BREACH OF DUTY OF CARE (back to index)

Johnson v RSPCA Queensland [2016] QDC 185 70/16 Failing to take reasonable steps to provide
appropriately for animals
Jolley v Queensland Police [2018] QDC 12 17/18 Inappropriate handling, sexual acts
Flaherty v Petersen [2018] QDC 21 22/18 Failing to obtain veterinary treatment

ASSAULT (back to index)

Marshall v Queensland Police Service [2015] QDC 79/15 Use more force than reasonably necessary. Reliance
261 on s 279 Criminal Code Act 1899
Taurino v Commissioner of Police [2015] QDC 322 109/15 No onus on Crown to establish the absence of
provocation or self defence if not raised on the
evidence
Isitt v The Commissioner of Police [2016] QDC 308 8/17 Intention to apply force
Harvey v Queensland Police Service & Director of 19/19 Attempted or threatened application of force
Public Prosecutions (Queensland) [2019] QCA 5
HKY v Queensland Police Service [2019] QDC 218 13/20 Prosecution failed to prove that the assault of the
complainant caused bodily harm. Definition of
“bodily harm”
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APPREHENDED BIAS (back to index)

Gaudie v Local Court of NSW and Anor [2013] 16/15 Principles: application for disqualification
NSWSC 1425
Charisteas v Charisteas [2021] HCA 29 73/21 Family Law property settlement. Communications
between Judge and Counsel.

BAIL (back to index)

Williams & Hughes, Re an Application for Bail 79/16 Guilty plea to serious offences – exceptional
[2016] QDC 204 circumstances
Director of Public Prosecutions (Cth) v Turner & 8/19 Whether there is a discretion to forfeit an
Anor [2016] QSC 107 undertaking on a fail to appear. s31(1) of Bail Act
1980
TDR v The Queen [2018] QChC 11 87/18 Child placed in custody without revoking bail

BAIL – CONDITIONS (back to index)

Harvey v Commissioner of Police [2017] QDC 150 65/17 Breach of bail conditions – emergency defence
raised
Re DNV [2020] QSC 276 79/20 Variation of conditions – jurisdiction of courts to
excuse compliance with conditions

BAIL – FAIL TO APPEAR (back to index)

Ayling v Commissioner of Police [2017] QDC 42 42/17 Failure to appear in accordance with undertaking
Etienne v Commissioner of Police [2018] QDC 6 15/18 Failing to appear in accordance with undertaking /
show cause

BAIL – FAIL TO REPORT (back to index)

Chidgey v Commissioner of Police [2016] QDC 224 90/16 Breach of bail – fail to report – medical certificate

BAIL – PENDING APPEAL (back to index)

Barry v Commissioner of Police [2015] QDC 061 5/15 Whether sentence stops running once bail is granted
where not released from custody
De Waal v Commissioner of Police [2016] QDC 26 21/16 Whether change in circumstance needs to be shown

BAIL – PENDING SENTENCE (back to index)

Re GJA [2020] QDC 170 48/20 Defendant failed to establish exceptional
circumstances. See R v Martens (No 1) [2010]1 Qd R
564 as an example where exceptional circumstances
were demonstrated.

BAIL – TERRORISM OFFENCES (back to index)

Atwani v Commissioner of Police [2020] QSC 123 61/20 Terrorism offence. Section 15AA Crimes Act 1914

BAIL – UNACCEPTABLE RISK (back to index)

Ackland v Director of Public Prosecutions (Qld) 61/17 Unacceptable risk – domestic violence offences
[2017] QCA 75

BAIL – YOUTH JUSTICE ACT (back to index)

Re JTL [2021] QSC 211 -- Review of magistrate decision to grant bail for a 15-
year-old who offended whilst on bail – held to be an
unacceptable risk of committing an offence that
endangers the safety of the community
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BARBARO (back to index)

Matthews v The Queen [2014] VSCA 291 64/15 See [27]: Role of the Crown in sentencing
Commonwealth of Australia v Director, Fair Work 111/15 Whether Barbaro v The Queen (2014) 253 CLR 58
Building Industry Inspectorate; CFMEU v Fair applies to civil proceedings
Work Building Industry Inspectorate [2015] HCA
46

BIAS (back to index)

Berg v Director of Public Prosecutions (Qld) [2015] 83/15 Whether the primary judge was biased in
QCA 196 determining fitness for trial
Dawson v Commissioner of Police [2015] QDC 295 94/15 Whether magistrate was biased against appellant
Rowley v Commissioner of Police [2017] QDC 88 49/17 Whether magistrate was biased or partial – whether
magistrate had communication with the prosecution

BODY CORPORATE (back to index)

Body Corporate for Donnelly House CTS37465 v 25/15 Appointment of an administrator to implement the
Shaw [2015] QDC 139 orders of an adjudicator

BURGLARY (back to index)

Prior v Queensland Police Service [2016] QDC 143 59/16 Construction of s419 of the Criminal Code Act 1899,
intent

CAPACITY (back to index)

R v KAK [2020] QDC 244 80/20 Doli Incapax – rebuttal of presumption that a person
under the age of 14 years of age is not criminally
responsible pursuant to s.29 Criminal Code 1899

CATTLE (back to index)

Ferguson v Wienert [2019] QDC 1 17/19 Failing to ensure cattle not wandering at large.
meaning of “reasonable diligence”

CHILD PROTECTION (back to index)

Director of Child Protection Litigation v MCE & 41/20 Long-term Guardianship Order, s62 Child Protection
Anor [2020] QChC 15 Act 1999
KP v Director of Child Protection Litigation Unit & 42/20 Delay, temporary custody order, exception to 3
Anor [2020] QChC 16 month rule
Director of Child Protection Litigation v SYA & 27/21 Long-term Guardianship Order. Take into account
Anor [2021] QChC 5 views or wishes of the child

CHILDREN (back to index)

AJM v Commissioner of Police [2019] QDC 25 32/19 4 year old child left unattended in a car

CIVIL (back to index)

CIVIL – COSTS (back to index)

Hong Minh Nguyen trading as Mobile PC Doctor v 99/16 Costs
Sensis Pty Ltd [2016] QDC 304

CIVIL – RECOVERY (back to index)

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GoGetta Equipment Funding Pty Limited a 6/17 Recovery actions by commercial agents, non-
division of Silverchef Limited v Putohe [2016] compliance with rules relating to an originating
QMC 21 process
YJ Pty Ltd & Ors v Huang’s Properties Pty Ltd 9/19 Whether the Magistrates Court has jurisdiction to
[2018] QDC 240 order recovery and delivery of possession of
premises where the tenancy has been determined
by forfeiture

CIVIL – SUMMARY JUDGMENT (back to index)

Aguilar & Anor v Egnalig [2017] QCA 175 98/17 Application to set aside a summary judgment

COMMONWEALTH (back to index)

Warren v Ashna [2021] QDC 13 15/21 Bankruptcy Act 1966 (Cth) – authority to prosecute
Comptroller-General of Customs v Inchcape 26/21 Customs Act 1901 (Cth) - fault element of intention
Shipping Services Pty Ltd [2021] QCA 61

COMPLAINTS (back to index)

Prus-Butwilowicz v Winston [2016] QDC 232 93/16 Whether complainant authorised to swear
complaint
Williamson v ADG Engineers (Aust) Pty Ltd [2018] 85/18 Dismissal for non-appearance of complainant
QDC 195

COMPLAINTS – AMENDMENT (back to index)

Harrison v President of the Industrial Court of 91/16 Duplicitous complaints election, power to amend
Queensland & Ors [2016] QCA 89 complaint, criminal pleading under the Justices Act
1886, purpose of particulars
Critchley v Schlumberger Oilfield Australia Pty Ltd 18/17 Whether complaint discloses offence, amendment
[2016] QDC 338 of complaint
Stancombe v Commissioner of Police [2017] QDC 105/17 Power to amend
276

COMPLAINTS – PARTICULARS (back to index)

Walden v Queensland Police Service [2019] QDC 56/19 Insufficient particulars of charge given by the
63 prosecution; consequences of incorrect pleading of
a charge

COMPLAINTS – STRIKE OUT (back to index)

Goli (Commissioner of State Revenue) v 32/17 Whether complaint and summons defective where
Thompson & Anor [2017] QDC 4 offence provisions repealed. Striking out charges
that are sufficient at law
Coeur De Lion Investments Pty Ltd v Lewis & Ors 61/19 Striking out complaints for lack of standing to bring
[2019] QDC 90 criminal prosecution; institution of criminal
proceedings under the Crimes Act 1914 (Cth) and
the Corporations Act 2001 (Cth)

CONFESSIONS (back to index)

Pora v The Queen [2015] UKPC 9 21/15 Confessions, reliability, neurological function
Flaherty v Petersen [2018] QDC 21 22/18 Admissions, failure to warn

CONTEMPT (back to index)

R v Aristizabal Serna [2015] QSC 371 5/16 Refusal to be sworn or affirmed to give evidence,
refusal to give evidence
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Attorney-General for the State of Queensland v Di 85/17 Punishment of legal practitioner for contempt of
Carlo [2017] QSC 171 court
King v Queensland Police Service [2019] QDC 131 1/20 Comparable cases do not mark the outer bounds of
permissible sentencing discretion with numerical
precision
YTL v The Attorney-General for the State of 39/20 Refusal to answer question asked by magistrate.
Queensland [2020] QDC 44 Procedural fairness.

CORONERS COURT (back to index)

Christensen & Anor v Deputy State Coroner [2021] 23/21 Application for judicial review of directions made
QSC 38

COSTS – CIVIL (back to index)

Hong Minh Nguyen trading as Mobile PC Doctor v 99/16 Civil costs
Sensis Pty Ltd [2016] QDC 304
Deters v Deters & Anor [2019] QDC 112 74/19 Application for security of costs pursuant to r 670(1)
of the Uniform Civil Procedure Rules 1999; where
plaintiff’s solicitors withdrew as solicitors on record
Guilfoyle v J Hutchinson Pty Ltd [2021] QDC 233 71/21 Whether the matter involved “special difficulty,
complexity or importance”.

COSTS – DOMESTIC VIOLENCE (back to index)

MHH v LAN [2016] QMC 1 8/16 Power to award costs
RWT v BZX [2016] QDC 246 100/16 Exercise of discretion

COSTS – JUSTICES ACT (back to index)

Oates v Commissioner of Police [2015] QDC 333 4/16 Dismissal of costs application
Senior Constable Sheehan v Leo [2016] QDC 131 65/16 Special difficulty, complexity or importance
Lewis v Commissioner of Police [2018] QDC 174 74/18 On a NETO; whether charge brought and continued
in good faith

COSTS – PEACE AND GOOD BEHAVIOUR ACT (back to index)

Hughes v Talty & Anor [2015] QDC 145 22/15 Whether costs order made with regard to scale

CROSS-EXAMINATION (back to index)

Kimber & Anor v Kimama Holdings Pty Ltd 65/20 Limiting cross-examination
Trading as Visual Diversity Homes (ACN 106 627
829) [2020] QDC 203

DEFENCE – ACCIDENT (back to index)

R v Thurlow [2015] QCA 89 20/15 Wounding
Queensland Police Service v Morris [2016] QMC 5 63/16 Disobeying the speed limit. s 23 Criminal Code Act
1899 defence raised – held not to be available as a
defence where not the driver.
McDonald v Commissioner of Police [2020] QDC 56/20 Serious assault of corrective services officer –
193 flicking blood from a wound, deliberate move of the
arm

DEFENCE – CONSENT (back to index)

R v Gee [2016] QSC 23 18/16 Assault upon a child

DEFENCE – DOMESTIC DISCIPLINE (back to index)

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ACP v Queensland Police Service (No 1) [2017] 5/18 Common assault - 14 year old stepson
QDC 292
LIB v Queensland Police Service [2018] QDC 259 15/19 2 x Common assault – 9 & 12 year old stepson

DEFENCE – EMERGENCY (back to index)

Harvey v Commissioner of Police [2017] QDC 150 65/17 Breach of bail conditions
Rolles v Commissioner of Police [2020] QDC 331 13/21 Climate change emergency does not rise to the level
of sudden or extraordinary

DEFENCE – EMERGENCY – TRAFFIC (back to index)

McNamara v Queensland Police Service [2015] 40/15 Feared would be run off the road
QCA 99
Prince v Queensland Police Service [2015] QDC 46/15 Failing to stop at red light. Objective test
187
Dawson v Commissioner of Police [2015] QDC 295 94/15 Disobeying the speed limit
Harvey v Queensland Police Service [2017] QDC 6/18 Driving under the influence of liquor
310
Parr v Queensland Police Service [2021] QDC 73 47/21 Driving without a licence (disqualified by court
order)

DEFENCE – EXERCISE OF RIGHT OF WAY OR EASEMENT (back to index)

Marshall v Queensland Police Service [2015] QDC 79/15 Whether assault was unlawful
261

DEFENCE – HONEST CLAIM (back to index)

Scriven v Sargent (No. 2) [2016] QDC 16 14/16 Carrying out assessable development without an
effective permit
Banks v Commissioner of Police [2018] QDC 232 5/19 Unlawful possession of a prohibited weapon
(whether a fishing knife is a weapon)

DEFENCE – MISTAKE (back to index)

Leyden v Venkat [2015] QDC 028 1/15 Mistake of fact vs mistake of law
Crossing v Commissioner of Police [2015] QDC 94 13/15 Prosecution to exclude beyond reasonable doubt
Commissioner of Police v Flanagan [2018] QCA 51/18 Police use of force
109
Banks v Commissioner of Police [2018] QDC 232 5/19 Unlawful possession of a prohibited weapon
(whether a fishing knife is a weapon)
McDonald v Holeszko [2018] QDC 204 7/19 Carrying out assessable development without an
effective development permit
Walden v Queensland Police Service [2019] QDC 56/19 “Evidentiary onus” of the defence of mistake of fact
63

DEFENCE – MISTAKE – TRAFFIC (back to index)

McNamara v Queensland Police Service [2015] 40/15 Honest and reasonable belief that would be run off
QCA 99 the road
Prince v Queensland Police Service [2015] QDC 46/15 Failing to stop at red light
187
Rowley v Commissioner of Police [2017] QDC 88 49/17 Disobeying the speed limit
Mizikovsky v QPS [2018] QDC 249 11/19 Failing to keep left of a dividing line. Section 24 was
open but not considered.

DEFENCE – MISTAKE – TRAFFIC – DISQUALIFIED DRIVING (back to index)

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Valk v Commissioner of Police [2016] QDC 200 78/16 Disqualified driving

Smith v Coulter [2016] QDC 217 86/16 Disobeying the speed limit
Manning v Queensland Police Service [2016] QDC 15/17 Driving whilst disqualified by court order
326
Clampett v Queensland Police Service [2016] QCA 19/17 Driving a motor vehicle whilst his driver’s licence
345 was suspended
Scrivens v Queensland Police Service [2017] QDC 78/17 Driving unlicensed demerit points
189

DEFENCE – OF A DWELLING (back to index)

Caddies v Birchell [2017] QDC 274 107/17 s 267 Criminal Code Act 1889

DEFENCE – PROVOCATION (back to index)

Taurino v Commissioner of Police [2015] QDC 322 109/15 No onus on Crown to establish the absence of
provocation or self defence if not raised on the
evidence
Caddies v Birchell [2017] QDC 274 107/17 Whether an omission can amount to provocation
JEJ v Queensland Police Service [2021] QDC 64 43/21 Ordinary person test, provocation and
proportionality, whether acting to prevent
repetition of an insult

DIFFICULT LITIGANTS (back to index)

Hainaut v Queensland Police Service [2019] QDC 12/20 Integrity of proceedings where self-represented
223 litigant
Murray v Pinder & Anor [2020] QSC 385 11/21 How defendant is named, legal identity. Reference
to Bradley v The Crown [2020] QCA 252

DISCLOSURE (back to index)

O’Neill v Rankine and Westphal v Foster [2015] 89/15 Whether magistrate has an implied power to dismiss
NTSC 24 charges for non-compliance with disclosure orders
Commissioner of Police v Joseph [2018] QMC 12 67/18 Application for disclosure: production of documents;
public interest immunity; warrants: disclosure of
applications for search warrants
Cotter v Commissioner of Police [2020] QDC 91 33/20 Where defence raised on the evidence and not
challenged by the prosecution through cross-
examination of the defendant
R v Turner [2020] QDCPR 108 5/21 Whether disclosure of a redacted document was
contrary to public interest

DISHONESTY (back to index)

R v Dillon; Ex parte Attorney-General (Qld) [2015] 49/15 Definition of dishonesty
QCA 155

DOMESTIC VIOLENCE – CONTRAVENTION (back to index)

ACP v Queensland Police Service (No 2) [2017] 7/18 Contravention of an ouster order and the meaning
QDC 293 of ‘vacate’
REW v Commissioner of Police [2018] QDC 213 89/18 Contravening release conditions
OSE v HAN [2020] QDC 309 13/21 No case to answer

DOMESTIC VIOLENCE – COSTS (back to index)

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LKL v BSL [2015] QDC 337 81/15 Whether an aggrieved can rely on an application
without further affidavit evidence
KAV v Magistrate Bentley & Anor [2016] QSC 46 33/16 Withdrawal of an application. All three elements of
s.157(2) must be met before costs awarded.
NBE v PRT & Anor [2018] QDC 29 30/18 Costs on a civil application – where magistrate made
costs order without hearing the application in the
absence of the aggrieved

DOMESTIC VIOLENCE – CROSS-APPLICATIONS (back to index)

SRV v Commissioner of the Queensland Police 73/20 Interpretation of section 4(2)(e) – orders can be
Service & Anor [2020] QDC 208 made in both cross applications
RIS v DOL & Anor [2021] QDC 154 67/21 Procedural fairness when considering cross
applications, in circumstances where the
applications were decided without a hearing and
without proper consideration of section 151

DOMESTIC VIOLENCE – EMOTIONAL/PSYCHOLOGICAL ABUSE (back to index)

MNT v MEE [2020] QDC 126 59/20 Overall controlling behaviour, or emotional or
psychological abuse

DOMESTIC VIOLENCE – MAKING AN ORDER (back to index)

JAW v Reed [2018] QDC 178 84/18 Whether an act of domestic violence occurred;
whether order necessary or desirable
MS v Commissioner of Police [2021] QCA 31 37/21 Section 24 Criminal Code (mistake of fact) did not
apply to a mistake by the appellant in the
interpretation of the Family Court Order

DOMESTIC VIOLENCE – MAKING AN ORDER – EVIDENCE (back to index)

CR v CM [2015] QDC 146 27/15 Similar fact evidence
LKL v BSL [2015] QDC 337 81/15 Whether an aggrieved can rely on an application
without further affidavit evidence
WAJ v CRA [2021] QDC 85 52/21 The Act does not prohibit reliance upon domestic
violence that occurs outside Queensland

DOMESTIC VIOLENCE – MAKING AN ORDER – PROCEDURAL FAIRNESS (back to index)

SM v AA [2015] QDC 172 35/15 Non-appearance by respondent – obligation of
magistrate to hear and decide the matter
JC v KP [2017] QDC 175 56/17 Consent orders; explanation of order before order
made
PRH v LPL & Anor. [2020] QDC 17 36/21 Appeal against making a 7 year ouster order;
procedural fairness
AMA v PGM [2021] QDC 26 38/21 Protection Order made in the absence of appellant.
Procedural fairness where appellant not notified of
new hearing date

DOMESTIC VIOLENCE – NECESSARY OR DESIRABLE (back to index)

BJH v CJH [2016] QDC 27 22/16 Where order was not necessary or desirable
DMK v CAG [2016] QDC 106 44/16 Necessary or desirable invokes a very wide and
general power
RWT v BZX [2016] QDC 246 100/16 Adequacy of reasons
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WJ v AT [2016] QDC 211 29/17 Naming of children in order

DOMESTIC VIOLENCE – NECESSARY OR DESIRABLE – PROCESS (back to index)

AJS v KLB & Anor [2016] QDC 103 43/16 3 stage process
ACP v McAulliffe [2017] QDC 294 8/18 The 3 stage process is discretionary

DOMESTIC VIOLENCE – PROCEDURAL FAIRNESS (back to index)

RCK v MK [2018] QDC 181 75/18 Natural justice; procedural fairness where order
made in absence of respondent; relevance of the
rules of evidence & s.145
SMF v PDF & Anor [2020] QDC 174 50/20 Procedural fairness, reasonable opportunity to
present a case
PRH v LPL & Anor. [2020] QDC 17 36/21 Not allowing significant proportions of evidence
before the court amounted to a denial of natural
justice
AMA v PGM [2021] QDC 26 38/21 Protection Order made in the absence of appellant.
Procedural fairness where appellant not notified of
new hearing date

DOMESTIC VIOLENCE – PROCEDURE (back to index)

KAV v Magistrate Bentley & Anor [2016] QSC 46 33/16 Withdrawal of an application
ZXA v Commissioner of Police [2016] QDC 248 103/16 Court has a wide discretion to control the hearing
process
HDI v HJQ [2020] QDC 83 31/20 No power to order a permanent stay of an
application
OSE v HAN [2020] QDC 309 13/21 Implied power to summarily dismiss on grounds no
case to answer

DOMESTIC VIOLENCE – RETROSPECTIVE (back to index)

R v Poynter [2016] QDC 82 49/16 Recording convictions as domestic violence offences
R v CLN [2016] QDC 111 51/16 s.9(10A) PSA amendment procedural in nature and
operates retrospectively
R v BNQ [2016] QDC 113 52/16 s.9(10A) PSA amendment procedural in nature and
operates retrospectively

DOMESTIC VIOLENCE – VARIATION OF ORDERS (back to index)

ECW v ECW [2018] QDC 166 72/18 Duty to consider original grounds of application and
grounds to vary
Jones v DBA [2019] QDC 149 20/20 Power to vary under s.42(3) does not give court
power to change TPO into a 5 year protection order
ABF v DZT [2020] QDC 136 60/20 Change in circumstance not required

DRUGS (back to index)

Grams v Commissioner of Police [2017] QDC 287 4/18 Necessity of proof of purity or weight of drug
Whillans v The Commissioner of Police [2018] 35/18 Defendant prescribed restricted drugs without being
QDC 40 endorsed
Goulding v Commissioner of Police [2021] QDC 52 45/21 No certificate tendered at sentence. Magistrate
erred in proceeding on basis that all powder was
methylamphetamine.

DRUGS – POSSESSION (back to index)

QPS v Price & Anor [2014] QMC 31 33/15 Possession and supply
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Christiansen v Queensland Police Service [2017] 11/18 Possession knowledge and control, possession of
QDC 301 utensils or pipes
Lee v Commissioner of Police [2021] QDC 296 1/22 The drug was found in a locked room used as the
applicant’s bedroom and office, and next to her
personal belongings. Where it was argued that the
possession was not particularised as actual
possession or occupier’s liability: [124]-[138]

ELECTIONS VOTING (back to index)

Pettet v Van Der Merwe [2016] QCA 13 17/16 Prosecution for failing to vote at a council and state
election

EVIDENCE (back to index)

REW v Commissioner of Police [2018] QDC 213 89/18 CCTV showing date and time stamp, whether
reliable
Harvey v Queensland Police Service & Director of 19/19 Illegality; discretion to admit
Public Prosecutions (Queensland) [2019] QCA 5

EVIDENCE – ADMISSIONS (back to index)

R v Thurlow [2015] QCA 89 20/15 Declining an interview
R v Kennedy [2015] QDC 246 65/15 Exclusion of admissions
Bowers v R [2015] QDC 276 87/15 Exclusion of roadside conversation and record of
interview
R v Chilnicean [2016] QCA 26 13/16 Admissibility of evidence of taped conversations /
quality of transcripts
Nguyen v The Queen [2020] HCA 23 52/20 Prosecution obliged to tender a recorded interview
containing mixed statements

EVIDENCE – ADMISSIONS – VOLUNTARINESS (back to index)

R v Philip [2015] QDC 262 75/15 Admissions, exclusion of a record of interview,
voluntariness and intoxication
R v Gamar Eldin [2016] QDC 206 88/16 Confession admissibility, unfairness, voluntariness
R v S [2019] QChC 1 21/19 Admissions; application to exclude; 10 year old
child; voluntariness ; role of a support person

EVIDENCE – BALANCE OF PROBABILITIES (back to index)

Leigh v Bruder Expedition Pty Ltd [2020] QCA 246 6/21 Error not to instruct the jury in terms of Briginshaw v
Briginshaw (1938) 60 CLR 336

EVIDENCE – BROWNE v DUNN (back to index)

Cox v Commissioner of Police [2015] QDC 220 56/15 Applying the rule in Browne v Dunn when a
defendant is unrepresented
Davis v Commissioner of Police [2016] QCA 246 28/17 Rule in Browne v Dunn
R v JAE [2021] QCA 287 4/11 Discussion of rule and the general rule of practice by
which a cross-examiner should put to an opponent’s
witness matters that are inconsistent with the
witness’ evidence and which are intended to be
asserted in due course: [45]-[50]

EVIDENCE – CIRCUMSTANTIAL (back to index)

R v Chilnicean [2016] QCA 26 13/16 Drug offences. See [40]

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Bernard v Queensland Police Service [2016] QDC 4/17 Principles of circumstantial evidence. See [45] – [67]
283
Austin v Commissioner of Police [2017] QDC 159 66/17 Whether defendant was residing in Queensland. See
[30]
R v McGeady [2020] QDC 65 29/20 DNA evidence on the fingertip of a latex glove
dropped at the scene of the offence

EVIDENCE – DNA (back to index)

R v Hasrouny [2020] QCA 163 55/20 Incomplete DNA profiles matching defendant
located on items left behind at scene of offence
R v McGeady [2020] QCA 267 7/21 Example of reaching a conclusion that the evidence
excludes all reasonable hypothesis consistent with
innocence

EVIDENCE – EXPERTS (back to index)

Storry v Commissioner of Police [2017] QDC 282 2/18 Admissibility of expert report
Forrest v Commissioner of Police [2018] QDC 47 37/18 Traffic; admissibility police opinion; whether expert
Ring v Commissioner of Police [2019] QDC 32 37/19 Exceeding the speed limit – admissibility of staged
video and traffic experts report
Lee v Commissioner of Police [2021] QDC 296 1/22 Admissibility of the evidence of a police officer as an
expert in common words relating to prostitution on
premises: [100]-[107]

EVIDENCE – FLIGHT (back to index)

R v Thurlow [2015] QCA 89 20/15 Leaving the scene

EVIDENCE – FRESH EVIDENCE (back to index)

MAR v Queensland Police Service [2015] QDC 144 26/15 Test to apply at [8]
Queensland Police Service v Messer [2016] QDC 83/16 Application by prosecution to adduce fresh evidence
214 dismissed
R v Melrose [2016] QCA 202 84/16 Application to adduce fresh evidence [13], [14]

EVIDENCE – HEARSAY (back to index)

JLK v Queensland Police Service [2018] QDC 128 56/18 Whether medical records that complainant was
intoxicated were hearsay
Whiley v The Commissioner of Police [2021] QDC 85/21 Wrongful admission of body-worn camera footage
241 that contained out of court hearsay statements

EVIDENCE – IDENTIFICATION (back to index)

Solomon v QPS [2015] QDC 307 104/15 Duty to identify weaknesses in identification
evidence, cross-racial identification
Moke v R [2017] QDC 157 59/17 Application to exclude photo board evidence, earlier
Facebook identification
Hendrey v Bowdern [2017] QDC 240 96/17 Photo board and dock

EVIDENCE – LIES (back to index)

R v Nash [2020] QCA 127 36/20 Use of lies towards consciousness of guilt

EVIDENCE – PRIVILEGE (back to index)

Hurley v The Commissioner of the Queensland 9/18 Test to trigger a warning against self-incrimination
Police Service [2017] QDC 297

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Wassmuth v Commissioner of Police [2018] QCA 90/18 Right not to self-incriminate

290
Commissioner of Police v Barbaro [2020] QCA 230 75/20 Legal professional privilege attached to information
in a mobile telephone

EVIDENCE – PROTECTED WITNESS (back to index)

R v Armstrong [2015] QCA 189 70/15 Cross-examination of a protected witness

EVIDENCE – SEARCH (back to index)

Shorten v The Commissioner of the Queensland 96/15 Whether a Police Powers and Responsibilities Act
Police Service [2015] QDC 300 2000 warrant can be issued for Commonwealth
offences
R v Sauer [2016] QDC 341 20/17 Lawfulness and power of police to seize a camera
presented at the front counter of a police station

EVIDENCE – SEARCH – LOSS OF EVIDENCE (back to index)

R v Toon [2015] QSC 117 17/15 Reasonable likelihood that evidence would be
concealed or destroyed.
R v Hickey [2016] QDC 119 53/16 Wanted for questioning in relation to outstanding
matters, attempted to destroy evidence, concerns
further evidence would be lost

EVIDENCE – SEARCH – MOBILE PHONE (back to index)

R v N [2015] QSC 91 9/15 No power to search the mobile phone, no risk of
pre-search erasure, public policy grounds
R v Varga [2015] QDC 82 10/15 Authority under s 154 Police Powers and
Responsibilities Act 2000
R v Tanner (No 2) [2015] QDC 267 84/15 Search warrant not validly issued
Wassmuth v Commissioner of Police [2018] QCA 90/18 Disobeying a lawful order without lawful excuse
290

EVIDENCE – SEARCH – POST SEARCH APPROVAL (back to index)

Carew v The Queen [2016] QSC 64 37/16 Application to exclude evidence. Use of “police”
rather than “I’ in application for post search
approval
R v P & Anor [2016] QSC 49 46/16 Search of a vehicle, application to exclude, post
search approval
R v KL [2017] QSC 144 77/17 Emergent search of a residential unit. Post search
approval not at first reasonable opportunity

EVIDENCE – SEARCH – POWER TO SEIZE EVIDENCE (back to index)

Leeds v Commissioner of Police [2016] QDC 267 107/16 Search warrant reasonable suspicion, power to seize
evidence s 196 Police Powers and Responsibilities
Act 2000

EVIDENCE – SEARCH – REASONABLE SUSPICION (back to index)

R v Harnas [2015] QDC 260 78/15 Whether police held a reasonable suspicion that
drugs may be present in the car
Beazley v Chevathun [2018] QDC 28 21/18 Whether unlawful, whether the police had
reasonable suspicion

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R v Morrison [2020] QSCPR 19 51/20 Circumstances must be sufficient to induce a

“reasonable suspicion” in the mind of a police
officer in those circumstances
R v Swayn [2021] QSC 116 56/21 Police officer provided details re indicia forming
basis for reasonable suspicion
R v Clarke and Warren [2021] QSCPR 12 68/21 Police officer did not provide justification for
reasonable suspicion
R v Paull [2021] QSCPR 22 97/21 Search of pedestrian. Held that none of the
prescribed circumstances in ss.29 and 41 PPRA were
present to allow police to stop and detain him and
requiring him to produce ID – consequent search
and discovery of drugs was then unlawful

EVIDENCE – SEARCH – VEHICLE (back to index)

R v Toon [2015] QSC 117 17/15 Reasonable likelihood that evidence would be
concealed or destroyed
R v Bennett [2016] QDC 108 50/16 Whether clip seal bag located via torch light through
windows sufficient to amount to a search
R v Hickey [2016] QDC 119 53/16 Wanted for questioning in relation to outstanding
matters, attempted to destroy evidence, concerns
further evidence would be lost
R v BXT [2016] QSC 211 92/16 Reasonable suspicion – indicia, failed to provide
licence which was in the vehicle, information on
police computer system
R v Watson [2017] QSC 4 53/17 Use of hire car associated with drug offending

EVIDENCE – SEARCH – VEHICLE – CONSENT (back to index)

R v Cahill [2016] QSC 275 7/17 Police did not expressly detain the vehicle and
occupants, consented to search

EVIDENCE – SEARCH – VEHICLE – EXCLUDED (back to index)

R v Barbaro & Anor [2015] QSC 346 98/15 No post-search approval obtained, not within
parameters of s31 of the Police Powers and
Responsibilities Act 2000, Crown conceded search
was unlawful
R v P & Anor [2016] QSC 49 46/16 Post search application not made for 28 days after
search
R v Purdon [2016] QSC 128 55/16 Vehicle not intercepted for any of the prescribed
purposes under s60(3) of the Police Powers and
Responsibilities Act 2000
GJK v Commissioner of Police [2021] QDC 288 95/21 Where police stopped a motor vehicle for a purpose
not permitted under s. 60 of the PPRA and the
consequent search and seizure of a substantial
amount of currency was found to be unlawful

EVIDENCE – SIMILAR FACT (back to index)

CR v CM [2015] QDC 146 27/15 Domestic Violence – evidence of previous partner
R v PWE [2020] QDCPR 132 25/21 Application to exclude similar fact evidence arising
out of previous convictions

EVIDENCE – TELEPHONE (back to index)

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ZXA v Commissioner of Police [2016] QDC 248 103/16 s 39R Evidence Act 1977 – Discretion to hear
evidence by audio or audio visual link

EVIDENCE – VICTIM IMPACT STATEMENTS (back to index)

R v CAZ and DA [2015] QChC 6 73/15 Admissibility of victim impact statement evidence
R v BCY [2015] QCA 200 74/15 Uncharged conduct
R v Kirk [2015] QSC 336 110/15 Admissibility of statements relating to offence other
than that charged

EVIDENCE – WEISSENSTEINER (back to index)

Austin v Commissioner of Police [2017] QDC 159 66/17 See [30]. The Queen v Baden-Clay [2016] HCA 35
R v McEwan [2019] QCA 16 20/19 See [14] – [15]. Azzopardi v The Queen (2001) 205
CLR 50

EXECUTIVE LIABILITY (back to index)

Goli v Blue 11 Pty Ltd; Goli v Thompson 61/18 Who is concerned in, or takes part in, the
Residential Pty Ltd; Goli v Thompson Commercial management of the corporation
Pty Ltd; Goli v Thompson; Goli v B & T Carpentry
Pty Ltd; Goli v Thompson [2018] QDC 108

EXTORTION (back to index)

R v Sridharan [2016] QDC 170 66/16 Whether proceedings should be heard in-camera
and whether a non-publication order should be
made

EXTRADITION (back to index)

Abbott v Commissioner of Police [2016] QSC 95 42/16 Abuse of Process, Service and Execution of Process
Act 1992 (Cth)

FAIR TRADING (back to index)

Smithers v Office of Fair Trading [2018] QDC 243 10/19 Unlicensed second-hand dealing, “carrying on a
business” of dealing

FISHERIES ACT (back to index)

Esat v Rauchle [2018] QDC 235 14/19 Damaging marine plants (mangroves)

FORFEITURE (back to index)

Fraser v The Commissioner of Police [2017] QDC 55/17 Forfeiture of weapons and ammunition
116
R v Brooks [2019] QDC 27 40/19 Electronic items seized pursuant to a search
warrant. Not a “penalty” to be ordered as part of a
sentence.

FRAUD (back to index)

Hines v Commissioner of Police [2016] QCA 3 9/16 Falsely Representing to be a Soldier, Improperly
wearing Service decorations, Defence Act 1903 (Cth)
Senior Constable Sheehan v Leo [2016] QDC 131 65/16 Definition of dishonesty, R v Dillon; Ex-parte
Attorney-General [2015] QCA 155

GRIEVOUS BODILY HARM (back to index)

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R v Lovell; Ex parte Attorney-General (Qld) [2015] 44/15 Definition of Grievous Bodily Harm
QCA 136

HEALTH PRACTITIONERS (back to index)

Chhaya v AHPRA [2022] QDC 5 06/22 Recklessly holding out a person to be registered (as
a doctor), discussion of elements at [9]-[11]

INTENT (back to index)

Prior v Queensland Police Service [2016] QDC 143 59/16 Construction of s419 of the Criminal Code Act 1899,
intent
Isitt v The Commissioner of Police [2016] QDC 308 8/17 Intention to apply force in an assault
R v Knudson [2021] QCA 267 88/21 Importance of ensuring a defendant is aware of the
specific offence he was meant to have held an
intention to commit

INTERPRETER (back to index)

NSW Crime Commission v Sun [2015] NSWSC 494 8/15 Translation gave misleading impression of evidence
R v Chilnicean [2016] QCA 26 13/16 Translation of document
R v TAN [2020] QCA 64 27/20 Entitlement of an accused person as a criminal trial
to an interpreter/to understand the proceedings

JOINDER (back to index)

R v Pollard [2015] QDC 250 66/15 Application for separate trials

LEGAL PRACTITIONER (back to index)

Reichman v Legal Services Commissioner; Legal 63/17 Engaging in legal practice when not an admitted
Services Commissioner v Reichman [2017] QDC Australian Legal Practitioner
158
Attorney-General for the State of Queensland v Di 85/17 Punishment of legal practitioner for contempt of
Carlo [2017] QSC 171 court

LIQUOR (back to index)

Queensland Police Service v Murray [2016] QMC 64/16 Whether methylated spirits falls within the
10 definition of liquor in s 4B Liquor Act 1992
Bernard v Queensland Police Service [2016] QDC 4/17 Attempt to take liquor into a restricted area.
283 Definition of attempt
Murray v Queensland Police Service [2017] QDC 76/17 Possessing liquor in a restricted area. Definition of
184 liquor, whether methylated spirits is liquor
Beazley v Chevathun [2018] QDC 28 21/18 Possession of liquor in a restricted area

MEDIA (back to index)

R v Sutton (No 2) [2015] QSC 289 72/15 Application by media to access and publish an
exhibit
Police v Baden-Clay [2013] QMC 6 - Release of photographic exhibits for publication –
Open justice principle

MENTAL HEALTH (back to index)

In the matters of Kenneth Charles Rankin; Sunil 89/17 Mental Health Act 2016: Interpretation s 803
Kumar; Benjamin James Sciortino [2017] QMHC 8
In the matter of Nathan Peter Greenfield [2017] 23/18 Unsound mind at the time of the offending /
QMHC 4 voluntary intoxication

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JKO v Queensland Police Service [2018] QMC 4 27/18 Finding of unsound mind, whether intoxication
contributed to incapacity

MENTAL HEALTH – FITNESS FOR TRIAL (back to index)

Berg v Director of Public Prosecutions (Qld) [2015] 83/15 Definition of ‘fitness for trial’
QCA 196
R v Sridharan [2017] QCA 160 80/17 Fitness to plead or be tried
R v Sitters [2018] QCA 35 25/18 Fitness for trial
In the matter of FCZ [2021] QMHC 2 86/21 Application of Presser Test when determining the
question of unfitness for trial

NO CASE (back to index)

Goli v Blue 11 Pty Ltd; Goli v Thompson 61/18 Test to be applied by a magistrate same as a judge
Residential Pty Ltd; Goli v Thompson Commercial sitting with a jury
Pty Ltd; Goli v Thompson; Goli v B & T Carpentry
Pty Ltd; Goli v Thompson [2018] QDC 108

PARTIES (back to index)

Petersen v Ipswich City Council [2016] QDC 7 11/16 Meaning of “enabling”

PEACE AND GOOD BEHAVIOUR ACT (back to index)

Hughes v Talty & Anor [2015] QDC 145 22/15 s 4(2) of the Peace and Good Behaviour Act 1982 –
making findings
Sinclair v Lynch [2021] QDC 190 5/22 Requirement for magistrates to provide adequate
reasons for a decision to grant a PGB order

PEACEFUL ASSEMBLY (back to index)

Hemelaar v Brisbane City Council [2017] QDC 17 35/17 Breaches of the Public Land and Council Assets Local
Law 2014

POLICE – OBSTRUCT POLICE (back to index)

Lin v The Commissioner of Police [2015] QDC 208 48/15 Whether officer acting in the execution of duty.
Requirement that a person produce their licence
QFM v The Commissioner of Police [2015] QDC 108/15 Whether officer acting in the execution of duty
320
MTJ v Commissioner of Police [2015] QDC 330 2/16 Requirement to warn
Townsend v Commissioner of Police [2017] QDC 43/17 Obstruction of a police officer
45
Kriston v Commissioner of Police [2017] QCA 230 102/17 Obstruction of a police officer

POLICE POWERS (back to index)

Cleret v Commissioner of Police [2017] QDC 41 40/17 Contravening a direction given by a police officer
Commissioner of Police v Joseph [2018] QMC 12 67/18 Application for disclosure: production of documents;
public interest immunity; warrants: disclosure of
applications for search warrants

POLICE POWERS – ARREST (back to index)

Kriston v Commissioner of Police; Thompson v 52/17 Reasonable force to effect an arrest
Commissioner of Police [2017] QDC 105
WTM v Commissioner of Police [2019] QChC 2 26/19 Arrest, whether lawful; obstruct police

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R v Elliott [2020] QDC 243 2/21 Process of determination of whether a police officer
was acting lawfully when using force and acting in
the execution of his duty
Sanchez & Sanchez v Commissioner of Police 48/21 Whether police were authorised by s365 to arrest
[2021] QDC 76 without warrant
Gill v The Commissioner of Police [2021] QDC 260 82/21 Use of force in effecting arrest needs to be no more
than is reasonably necessary

PRACTICE (back to index)

The Queen v Stanley Stanley Jnr [2015] QSC 327 92/15 Criminal Law (Rehabilitation of Offenders) Act 1986
Sbresni v Commissioner of Police [2016] QDC 18 15/16 Whether the Magistrates Court is bound by the
District Court
Case stated by a magistrate at Brisbane [2017] 31/17 Case Stated: Applicable principles
QDC 48
Forrest v Commissioner of Police [2018] QDC 47 37/18 Amendment of complaint
Russell v Commissioner of Police [2019] QDC 117 76/19 Magistrate misunderstood the elements of the
offence

PRACTICE – DISCLOSURE (back to index)

O’Neill v Rankine and Westphal v Foster [2015] 89/15 Whether magistrate has an implied power to dismiss
NTSC 24 charges for non-compliance with disclosure orders
Murray v Commissioner of Police [2019] QDC 13 23/19 Schedule of facts not provided to defence prior to
tender

PRACTICE – DUPLICITY (back to index)

Timothy Michael Kelly v Queensland Police 98/21 Discussion of cases and principles outlining when
Service [2021] QDC 315 offences should be charged separately

PRACTICE – EXHIBITS – LOST (back to index)

REW v Commissioner of Police [2018] QDC 213 89/18 Exhibits lost between trial and appeal

PRACTICE – EXHIBITS – MARKING (back to index)

Johnson v QPS [2015] QDC 264 80/15 Necessity to mark tendered documents as exhibits
Ross v Commissioner of Police [2013] QDC 315 107/15 Necessity to mark tendered material as exhibits
Chapman v Queensland Police Service [2016] QDC 58/16 Necessity to mark tendered documents as exhibits
141
Parker v Commissioner of Police [2016] QDC 354 27/17 Marking exhibits at sentence
Hay v Commissioner of Police [2016] QDC 358 38/17 Necessity to mark tendered material as exhibits
Ballard v Commissioner of Police [2017] QDC 174 70/17 Obligation to mark tendered documents as exhibits
Trott v Commissioner of Police [2018] QDC 165 77/18 Desirability of marking exhibits

PRACTICE – JUSTICES ACT – s142A (back to index)

Atkin v Commissioner of Police [2015] QDC 224 58/15 s 142A Justices Act 1886 – Sentencing a person to a
term of imprisonment in their absence
Friend v The Commissioner of Police [2015] QDC 59/15 s 142A Justices Act 1886 – Requirement to comply
228
Kleinig v The Commissioner of Police [2015] QDC 100/15 s142A Justices Act 1886 – proceeding pursuant to
304 section
Lambert v Queensland Police Service [2017] QDC 57/17 s142A, s147A Justices Act 1886 - application to
147 reopen out of time where conviction recorded
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PRACTICE – JUSTICES ACT – s145 (back to index)

Pogadaev v Stewart [2016] QDC 316 10/17 s 145 Justices Act 1886 – arraigning defendant.
Endorsing bench charge sheet

PRACTICE – JUSTICES ACT – s147 (back to index)

Thammaruknon v Queensland Police Service 23/16 Jurisdiction: Pleas of guilty, equivocal, lack of
[2016] QDC 31 understanding of charges and plea, whether s 147A
Justices Act 1886 permits a magistrate to re-open a
matter and set aside a plea of guilty
Lambert v Queensland Police Service [2017] QDC 57/17 s142A, s147A Justices Act 1886 - application to
147 reopen out of time where conviction recorded
against wrong person, discretion to extend time

PRACTICE – NATURAL JUSTICE AND PROCEDURAL FAIRNESS (back to index)

Nolan v Commissioner of Police [2016] QDC 9 16/16 Defendant giving evidence, fact finding, judicial
notice, natural justice
Charrington v Commissioner of Police [2016] QDC 101/16 Brief of evidence provided on day of hearing,
277 intervention by the magistrate in the nature of
cross-examination, adequacy of reasons
Carrick v Queensland Police Service [2018] QDC 44/18 Obligation to ensure natural justice
72
Strbak v The Queen [2020] HCA 10 14/20 Sentencing judge drew adverse inferences from
appellant’s silence when making factual findings

PRACTICE – NATURAL JUSTICE AND PROCEDURAL FAIRNESS – REASONABLE OPPORTUNITY TO BE HEARD

(back to index)
Bulmer v Queensland Police Service [2016] QDC 77/16 Proceeded on factual basis unknown to parties and
197 no opportunity to be heard
Jones v Queensland Police Service [2018] QDC 182 76/18 Providing an opportunity to be heard
Ryan v Queensland Police Service [2021] QDC 206 76/21 See R v Cunningham [2005] QCA 321: To impose a
penalty without allowing the person affected to
have an opportunity to respond is a clear breach of
the rule of natural justice that a court is required to
follow
Lee v Queensland Police Service [2021] QDC 262 91/21 Where magistrate failed to afford the parties an
opportunity to make submissions on the imposition
of a fine

PRACTICE – NATURAL JUSTICE AND PROCEDURAL FAIRNESS – SELF-REPRESENTED (back to index)

Hainaut v Queensland Police Service [2017] QDC 81/17 Reasonable opportunity to be heard, whether
208 defendant appears when says his last name is
irrelevant
Rotar v Commissioner of Police [2018] QDC 209 1/19 Late disclosure to appellant at bar table in trial
McMahon v Commissioner of Police [2020] QDC 9/21 Proceedings explained to defendant
323
Hoang v Commissioner of Police [2021] QDC 69 32/21 Requirement to comply with s552I Criminal Code.

PRACTICE – PARTICULARS (back to index)

Walden v Queensland Police Service [2019] QDC 56/19 Insufficient particulars of charge given by the
63 prosecution; consequences of incorrect pleading of
a charge

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PRACTICE – PLEA OF GUILTY (back to index)

Commissioner of Police v Callaghan & Anor 31/15 Courts functions and powers
[2015] QSC 163
Cintra-Suarez v Commissioner of Police [2015] 60/15 Limited understanding of English
QDC 230
Burke v Commissioner of Police [2017] QDC 227 91/17 Defendant pleading guilty when insufficient
evidence to support charge
Walker v Queensland Police Service [2019] QDC 75/19 Whether unequivocal plea entered
125
Stapleton v Queensland Police Service [2019] QDC 8/20 Fail to take plea at commencement of the hearing;
190 weight placed on erroneous or irrelevant matters;
procedural fairness where mental health matter
R v Knudson [2021] QCA 267 88/21 Where plea was not a true admission of guilt

PRACTICE – PLEA OF GUILTY – TAKE INTO ACCOUNT (back to index)

Andrews v Queensland Police Service [2018] QDC 47/18 Taking plea of guilty into account
89

PRACTICE – PLEA OF GUILTY – WITHDRAWAL (back to index)

AJM v Commissioner of Police [2019] QDC 25 32/19 Withdrawal of a plea of guilty
R v NOL [2019] QChC 13 72/19 Principles concerning leave to withdraw guilty pleas

PRACTICE – PROCEEDINGS (back to index)

Demosthenes Doyle Mosquera v Coates and 62/17 Committal Proceeding: application to cross-
Fagan [2017] QSC 134 examine, whether refusal reviewable
Trimble v Commonwealth Director of Public 63/18 Whether a defendant has surrendered to the
Prosecutions [2018] QDC 142 jurisdiction of the court
McDonald v Holeszko [2018] QDC 204 7/19 Litigating on an agreed statement of facts
LIB v Queensland Police Service [2018] QDC 259 15/19 Fact finding

PRACTICE – PROCEEDINGS – JUDICIAL INTERVENTION (back to index)

Jens Gravlev v The Commissioner of Police [2017] 72/17 Intervention by magistrate
QDC 168
Hendrey v Bowdern [2017] QDC 240 96/17 Expressing observations during course of hearing
R v Gibb [2018] QCA 120 34/18 Judicial intervention, revocation of bail, refusal of
adjournment, fitness for trial
Mizikovsky v QPS [2018] QDC 249 11/19 Judicial Notice, Judicial Officers ‘entering the arena’.
Magistrate engaged in cross-examination. See See
Yuill v Yuill [1945] P 15 and Jones v National Coal
Board [1957] 2 QB 55.

PRACTICE – PROCEEDINGS – RE-OPENING PROSECUTION CASE (back to index)

Van Hese v Brown [2015] QDC 092 7/15 Re-opening the prosecution case

PRACTICE – REASONS – ADEQUACY (back to index)

Davis v Commissioner of Police [2015] QDC 253 67/15 Credibility and adequacy of reasons for judgement
Charrington v Commissioner of Police [2016] QDC 101/16 Brief of evidence provided on day of hearing,
277 intervention by the magistrate in the nature of
cross-examination, adequacy of reasons
Forrest v Commissioner of Police [2017] QCA 132 74/17 Reasons for decision, purpose of reasons, task of
District Court on appeal
Harris v Griffin [2017] QDC 164 75/17 Adequacy of reasons
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SFN v Commissioner of Police [2017] QDC 216 87/17 Adequacy of reasons, advice to unrepresented
defendants
Timothy Michael Kelly v Queensland Police 98/21 Reiterates the requirement for a magistrate to
Service [2021] QDC 315 provide adequate reasons

PRACTICE – SENTENCING (back to index)

Caddies v Birchell [2017] QDC 274 107/17 Need to sentence following conviction, fact finding
Bye v Commissioner of Police [2018] QDC 74 45/18 Requirement to announce sentence in court
R v NT [2018] QCA 106 48/18 Taking pre-sentence custody into account
Reynolds v Orora Packaging Australia Pty Ltd 36/19 Reliance on unauthorised reports of sentences
[2019] QDC 31
Batty v Queensland Police Service [2019] QDC 51 50/19 Appeal against a refusal to re-open a sentence
under s147A to set aside a guilty plea

PRACTICE – SENTENCING – COMPARABLE DECISIONS (back to index)

Ross v The Commissioner of Police [2016] QDC 80/16 Consideration of cases not referred to by defence
205
Burmeister v Queensland Police Service [2017] 106/17 Reliance on comparable cases
QDC 278

PRACTICE – SENTENCING – SUBMISSIONS ON IMPRISONMENT (back to index)

ARS v Queensland Police Service [2018] QDC 103 50/18 Imposing imprisonment without giving defence
opportunity to address option
JMM v Commissioner of Police [2018] QDC 130 57/18 Failure to invite submissions on imprisonment

PROTESTS (back to index)

PROSTITUTION (back to index)

Lee v Commissioner of Police [2021] QDC 296 1/22 Appeal against conviction and sentence for
knowingly carrying on the business of providing
unlawful prostitution

PUBLIC NUISANCE (back to index)

Sam v Queensland Police Service [2016] QDC 184 69/16 Sentence appeal – dismissed
David v Joel [2017] QDC 256 100/17 Offensive behaviour
Harvey v Queensland Police Service [2017] QDC 6/18 At a hospital
310

SECTION 16 CRIMINAL CODE (back to index)

R v S; R v L [2015] QChC 003 4/15 Pursuant to the provisions of s16 of the Criminal
Code child cannot be punished for the offence
under s59A of the Youth Justice Act 1992
R v Sanderson [2015] QDC 106 15/15 Follows R v Dibble ex parte Attorney-General (Qld)
[2014] QCA 8
Brown v Latter [2016] QDC 35 26/16 Appeal against an order of a magistrate to stay a
charge
JWD v The Commissioner of Police [2019] QDC 29 33/19 One act constituted 3 different offences.

SECTION 16 CRIMINAL CODE – CUMULATIVE SENTENCING (back to index)

Willich v Queensland Police Service [2017] QDC 10/18 Cumulative sentencing. See [21] – [31]. Same act or
300 omission

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SECTION 16 CRIMINAL CODE – FRESH CHARGES (back to index)

Mbuzi v Commissioner of Queensland Police 77/15 Where police offer no evidence and later issue fresh
[2015] QDC 257 charges

SECTION 16 CRIMINAL CODE – PUNISHABLE ACT TEST (back to index)

Finnigan v Stenton [2009] QDC (unreported) 27/16 Punishable act test. R v Gordon; ex parte Attorney-
General (1975) Qd R 301

SENTENCE – ADMISSIONS (AB v THE QUEEN) (back to index)

R v Saunders [2016] QCA 221 87/16 Where offending without confession would not have
been known AB v The Queen (1999) 198 CLR 111
Russell v Commissioner of Police [2018] QDC 183 78/18 Mitigation disclosure of offence AB v The Queen
(1999) 198 CLR 111

SENTENCE – ASSAULT OCCASIONING BODILY HARM (back to index)

Laine v Senior Constable DG Hubbard [2016] QDC 35/16 Assault occasioning bodily harm, common assault
47 and breach of suspended sentence
La Carta v Commissioner of Police [2016] QDC 68 36/16 Assault occasioning bodily harm justifying actual
imprisonment
EBH v Commissioner of Police [2019] QDC 115 68/19 Appeal against recording of conviction (appeal
allowed)

SENTENCE – ASSAULT OCCASIONING BODILY HARM – ALCOHOL (back to index)

Quatermass v The Commissioner of Police [2015] 37/15 Alcohol-fuelled violence, complainant unconscious,
QDC 169 facial fractures
Payne v Commissioner of Police [2015] QDC 294 102/15 Alcohol-fuelled violence

SENTENCE – ASSAULT OCCASIONING BODILY HARM – CIRCUMSTANCE OF AGGRAVATION (back to index)

Payne v Commissioner of Police [2015] QDC 294 102/15 In a public place while adversely affected by alcohol
Ross v The Commissioner of Police [2016] QDC 80/16 Assault occasioning bodily harm in company
205
NAS v Queensland Police Service [2017] QDC 173 73/17 Assault occasioning bodily harm whilst armed – a
domestic violence offence
Bolton v Queensland Police Service [2018] QDC 53/18 While armed. Road rage incident. Magistrate led
114 into error on maximum penalty

SENTENCE – BREACH OF BAIL (back to index)

Sullivan v Queensland Police Service [2020] QDC 69/20 Fine imposed on appeal following initial custodial
220 sentence

SENTENCE – BURGLARY (back to index)

Wagstaff v Commissioner of Police [2016] QDC 21/17 Burglary with a circumstance of aggravation - victim
344 impact statements inconsistency with facts
Annas v Queensland Police Service [2018] QDC 12/19 Serious criminal history of like nature
251

SENTENCE – CHILD EXPLOITATION MATERIAL (back to index)

R v Sperling [2021] QCA 40 30/21 Sentencing judge erred in taking into account the
effect of a recent amendment to s 9(4) of the
Penalties and Sentences Act 1992 in exercising
discretion under s 12

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R v Rodgers [2021] QCA 97 50/21 Conviction would require defendant to be subject to

requirements of the Child Protection (Offender
Reporting and Offender Prohibition Order) Act 2004

SENTENCE – CIVIL DISOBEDIENCE – POLITICAL MOTIVATION (back to index)

Nolin v Commissioner of Police [2019] QDC 171 10/20 Undue weight given to type of activity in an area
EH v QPS; GS v QPS [2020] QDC 205 64/20 Trespass when obstructing a railway for political
reasons [63]

SENTENCE – COMMON ASSAULT (back to index)

Williams v Commissioner of Police [2015] QDC 38/15 Spitting common assault – civilian
168
Richardson v Commissioner of Police [2018] QDC 93/18 Common assault in a public place whilst adversely
102 affected by an intoxicating substance (on parole)

SENTENCE – COMMONWEALTH (back to index)

Hines v Commissioner of Police [2016] QCA 3 9/16 Falsely Representing to be a Soldier, Improperly
wearing Service decorations, Defence Act 1903 (Cth)
Bamsang Pty Ltd v The Commissioner of Taxation 72/16 7 x fail to lodge income tax returns and 31 x failing
[2016] QDC 189 to lodge GST returns
Swoboda v Cobbo [2017] QDC 30 39/17 Centrelink overpayment $54638.45
Rhodes v Commonwealth Director of Public 67/17 Centrelink overpayment $40121.90. Release after
Prosecutions [2017] QDC 165 one third
Davy v Commonwealth Director of Public 95/17 Dishonesty pursuant to the Bankruptcy Act 1966
Prosecutions [2017] QDC 241
Hope v Neilsen [2017] QDC 265 103/17 Centrelink fraud of $16,070.81 (obtaining financial
advantage)
Anderson v CDPP [2020] QDC 7 19/20 3 x obtaining financial advantage from the
Commonwealth; psychologist report not put before
the court

SENTENCE – COMMONWEALTH – s17A (back to index)

Barry v Commissioner of Police [2015] QDC 061 5/15 s 17A Crimes Act 1914 – term of imprisonment

SENTENCE – COMMONWEALTH – s19B (back to index)

CEO of Customs v Powell [2015] QDC 048 3/15 s 19B Crimes Act 1914 – Two-step process
Kerr v Simpson [2016] QDC 34 25/16 s 19B Crimes Act 1914 – bond. Failing to furnish an
income tax return over 6 financial years
Iesha Lillian Nixon v The Commissioner of Police 79/18 s 19B Crimes Act 1914 – recording a conviction
(Qld) [2018] QDC 188
Castle v Director of Public Prosecutions (Cth) 54/19 Application of s19B of the Crimes Act 1914 (Cth).
[2019] QDC 49 “trivial” and “extenuating circumstances” examined
and applied.
Clarkson v Ingram [2021] QDC 153 93/21 Example of the process of determination in
imposing a s19B order

SENTENCE – COMMONWEALTH – USE A CARRIAGE SERVICE (back to index)

Dever v The Commissioner of Police [2017] QDC 45/17 Use a telephone service in a menacing, harassing or
65 offensive way; distribute prohibited visual
recordings (revenge porn)

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Shields v The Commissioner of Police [2021] QDC 44/21 Using a carriage service to menace, harass or cause
51 offence

SENTENCE – COMPENSATION (back to index)

Payne v Commissioner of Police [2015] QDC 294 102/15 Unable to pay compensation, not based on
quantifiable loss
Laine v Senior Constable DG Hubbard [2016] QDC 35/16 Compensation order time to pay
47
Townsend v Commissioner of Police [2017] QDC 43/17 Compensation for injury to police officer and
45 damage to spectacles
Randall-Salam v Commissioner of Police [2019] 55/19 Restitution different from compensation; procedural
QDC 65 fairness in sentencing and considering
compensation order
Hemmings v Commissioner of Police [2021] QDC 74/21 Potential consequences of a restitution order (and
172 capacity to pay) are relevant to consideration of
overall appropriate sentence
Goltz v Commissioner of Police [2021] QDC 220 84/21 There was no evidence before the court that the
appellant had capacity to pay compensation

SENTENCE – COMPENSATION – IMPRISONMENT (back to index)

Blatch v Commissioner of Police [2016] QDC 242 96/16 Sentence Imprisonment/Compensation: Capacity to
pay
Goodwin v Commissioner of Police [2016] QDC 23/17 Coupling a compensation order and actual
349 imprisonment
Owens v Commissioner of Police [2021] QDC 143 60/21 Restitution different from compensation; see ss35
and 36 Penalties and Sentences Act 1992. Where
order made necessary to articulate orders with
reference to statutory provision

SENTENCE – COMPENSATION – SPER (back to index)

Peberdy v Commissioner of Police [2017] QDC 138 54/17 Compensation referred to SPER
Mar v Queensland Building & Construction 13/18 Order referred to SPER or imp in default -
Commission [2017] QDC 304 consequences of each approach

SENTENCE – CO-OPERATION (back to index)

R v Melrose [2016] QCA 202 84/16 Lack of co-operation by defendant

SENTENCE – CRIMINAL HISTORY (back to index)

Gavey v Mellor [2015] QDC 282 90/15 Weight to be given to a plea of guilty
Roll v QPS [2015] QDC 296 95/15 Use to be made of criminal histories
Gemmell v Commissioner of Police [2015] QDC 106/15 Youthful adult offender, juvenile criminal history,
318 Offender Report Integrated Revenue Protection
System Qld. Evade fare
Knight v The Commissioner of Police [2016] QDC 30/16 Cumulative sentence offence by prisoner and
37 whether it was mandatory
Ehlers v Queensland Police Service [2017] QDC 6 33/17 Receipt of inadmissible children’s court history

SENTENCE – CRIMINAL HISTORY – RELEVANCE (back to index)

Smalley v Commissioner of Police [2016] QDC 322 13/17 Sentencing principle: sentences do not inevitably
increase due to an accrued criminal history
Hoger v Commissioner of Police [2018] QDC 145 62/18 Extensive criminal history was a relevant feature at
sentence
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Dawkins v Queensland Police Service [2018] QDC 68/18 Criminal history had overwhelmed the judicial
161 officer’s sentencing discretion. Undue and excessive
weight given.
Richardson v Commissioner of Police [2018] QDC 93/18 Sentencing principle: an offender’s criminal history
102 cannot be given so much weight that the penalty
imposed for the offence is disproportionate to the
offence itself
Ruhland v Commissioner of Police [2020] QDC 265 4/21 Regard had to prior offences and factual matrix
around sentencing

SENTENCE – CRIMINAL HISTORY – RELEVANCE – TRAFFIC (back to index)

Ayling v Commissioner of Police [2017] QDC 42 42/17 Traffic record was considered indicative of
continuing attitude of disobedience of the law
Harman v Queensland Police Service [2018] QDC 65/18 Relevance of dated traffic convictions
146

SENTENCE – CUMULATIVE (back to index)

R v Thiemann [2015] QCA 195 71/15 Reasons for cumulative sentences
Green v Queensland Police Service [2015] QDC 19/16 Amount of weight placed on deterrence, review
341 aggregate sentence
Komar v Commissioner of Police [2016] QDC 79 45/16 Approach: identify a starting point, to consider then
the overall effect of the sentence, bearing in mind
its cumulative aspects, and to ensure that it is not
disproportionate to the overall offending
ATC v Commissioner of Police [2016] QDC 351 24/17 Whether cumulative instead of concurrent rendered
sentence manifestly excessive
R v Kussrow [2018] QCA 195 69/18 s 9(2)(l) of the Penalties and Sentences Act 1992 –
regard to “sentences already imposed on the
offender that have not been served”
Hemmett v Commissioner of Police [2021] QDC 2/22 A cumulative sentence cannot be suspended
318

SENTENCE – CUMULATIVE – PAROLE (back to index)

Addo v Senior Constable Jacovos [2016] QDC 271 3/17 Whether offences committed while “released on
parole” within meaning of s156(1)(b)(ii)
Norwood v Queensland Police Service [2018] QDC 70/18 Mandatory cumulative sentence - s156A Penalties
170 and Sentences Act 1992
BAB v Commissioner of Police [2019] QDC 118 73/19 Impermissibility of partial accumulation of sentence
under s156 of the Penalties and Sentence Act;
requirement to impose a cumulative sentence for an
offence of AOBH under s156A of the Penalties and
Sentences Act

SENTENCE – CUMULATIVE – TOTALITY (back to index)

Szucs v Queensland Police Service [2015] QDC 190 39/15 Must ensure that the aggregation of sentences
imposed on an offender is a just and appropriate
measure of the total criminality involved
McIlwain v Commissioner of Police [2015] QDC 3/16 Cumulative sentence resulted in an unusually heavy
332 sentence. R v Kitson [2008] QCA 86: an unusually
heavy sentence should not be imposed without
opportunity to be heard

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Brase v Queensland Police Service [2016] QDC 24 20/16 Aggregate of the sentences imposed by the
magistrate was considered too crushing and
disproportionate to the overall criminality
SAE v Commissioner of Police [2017] QDC 254 99/17 Suspended sentence activated cumulatively,
appropriate consideration given to totality principle
Goulding v Commissioner of Police [2021] QDC 52 45/21 Impact on totality, manifestly excessive sentence

SENTENCE – CUMULATIVE – TOTALITY – DETERRENCE (back to index)

Green v Queensland Police Service [2015] QDC 19/16 Amount of weight placed on deterrence, review
341 aggregate sentence

SENTENCE – DANGEROUS OPERATION OF A MOTOR VEHICLE (back to index)

Skinner v The Commissioner of Police [2016] QDC 56/16 Police chase
138
EPN v Queensland Police Service [2020] QDC 34 23/20 In contravention of a domestic violence order

SENTENCE – DANGEROUS OPERATION OF A MOTOR VEHICLE – ADVERSELY AFFECTED (back to index)

Cook v Commissioner of the Queensland Police 71/16 Adversely affected by a drug, other driving and
Service [2016] QDC 187 dishonesty offences
Nielson v Radcliffe (Constable) [2016] QDC 213 81/16 Adversely affected by an intoxicating substance.
0.194 grams of alcohol per 200 litres of breath. See
The Queen v Tabakovic [2005] QCA 90.
Heydt v The Commissioner of Police [2017] QDC 51/17 Adversely affected by an intoxicating substance –
104 amphetamine (0.01 mg/kg), methylamphetamine
(0.05 mg/kg), diazepam (0.28 mg/kg), and
nordiazepam (0.14 mg/kg)
Pendlebury v Queensland Police [2017] QDC 166 68/17 Adversely affected by amphetamines and
methylamphetamines. See [18] – [23]: Heydt v The
Commissioner of Police [2017] QDC 104

SENTENCE – DELAY (back to index)

R v BCY [2015] QCA 200 74/15 Delay between offending and sentence
R v Melrose [2016] QCA 202 84/16 The “7 guiding principles” at [23]
LIB v Queensland Police Service [2018] QDC 259 15/19 Delay in complaint Longman warning

SENTENCE – DEPORTATION (back to index)

R v UE [2016] QCA 58 61/16 Canada. Lived and worked in Australia for 10 years.
29 at offence, 31 at sentence. Deportation can be a
relevant sentencing factor. Prospect of deportation.
See Guden (2010) 28 VR 288. Require proof of
special hardship. See [9] – [24].
R v Pearson [2016] QCA 212 82/16 New Zealand. Lived in Australia since 12. 16, 18 and
19 at offences, 20 at sentence. Referred to R v UE
[2016] QCA 58: sentencing court cannot be asked to
speculate about the prospect of deportation or the
impact of deportation on the offender. Require
proof of special hardship. See [22] – [25].
R v Norris; Ex parte Attorney-General (Qld) [2018] 29/18 New Zealand. Lived in Australia since 2. 53 at
QCA 27 sentence. Prospect of an ultimately unfavourable
decision with respect to the respondent’s
prospective deportation was entirely speculative –
see application in [46] – [47].
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R v MG [2018] QDC 194 82/18 New Zealand. Lived in Australia since approximately
8. 17 at offence, 18 at sentence. Referred to R v UE
[2016] QCA 58. See [33] – [34], [44] – [48]. Note: On
7 December 2018 the Court of Appeal upheld an
appeal against this decision reported as R v GBD
[2018] QCA 340
R v GBD [2018] QCA 340 13/19 New Zealand. Lived in Australia since he was 8. 17 at
offence and 18 at sentence. Referred to R v UE
[2016] QCA 58. See [14], [51] – [54].
R v DBT; R v HMM; R v ACA; R v NY [2020] QCA 58/20 Iran, 16 at offending. Non-citizen refugee with
170 protection visa, parents sought asylum in Australia
when defendant was 10 years old. Proof of hardship
is required. Referred to R v UE [2016] QCA 58. See
[152] – [159].
Osbourne v Commissioner of Police [2020] QDC 77/20 New Zealand. 30 had been in Australia since 2006.
249 The defendant’s visa was a relevant consideration:
see R v Norris; ex parte Attorney-General [2018] 3
Qd R 420. See [39] – [41].

SENTENCE – DETERRENCE (back to index)

R v Chitty; Ex parte Attorney-General (Qld) [2021] 12/21 Need for general deterrence – public violence
QCA 2
Benson v Commissioner of Police [2021] QDC 98 57/21 Need for personal deterrence – disqualified driving
offence – ‘persistent disregard for orders of the
court’

SENTENCE – DISCRETION (back to index)

EH v QPS; GS v QPS [2020] QDC 205 64/20 Ruled out possibility of a bond before hearing any
further submissions – unduly fettered sentencing
discretion

SENTENCE – DISHONESTY (*see also: SENTENCE – COMMONWEALTH) (back to index)

Irwin v Commissioner of Police [2015] QDC 136 18/15 Magistrate did not have sufficient regard to
mitigating factors, including repayment and letter of
apology
Meiers v Commissioner of Police Queensland 32/18 Stealing as a servant; fraudulently falsifying or
[2018] QDC 30 destroying a record/ value of drugs stolen from
pharmacy $20,747
Anderson v Commissioner of Police [2019] QDC 4/20 Stealing – sentence must not be disproportionate to
136 the criminality of the offending

SENTENCE – DISOBEYING THE SPEED LIMIT (back to index)

Hartwig v Commissioner of Police [2021] QDC 56 28/21 123km/hr in a 110km/hr zone

SENTENCE – DISPUTED FACTS (back to index)

Russell v Commissioner of Police [2016] QDC 102 41/16 Unlawfully supplying cannabis
Syrmis v Commissioner of Police [2017] QDC 225 90/17 Possession of things used in connection with the
smoking of a dangerous drug. See Hurst v Henry
[1994] QCA 383
Farrell v Queensland Police Service [2018] QDC 6/19 Driving whilst a relevant drug (THC and Meth)was
233 present in his body and activated suspended
sentences

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R v RBE [2021] QCA 146 61/21 Considers the application of s. 132C of the Penalties
and Sentences Act 1992 in situations where the
prosecution has not submitted upon any particular
inferences being drawn from the statement of facts

SENTENCE – DISQUALIFICATION OF LICENCE (back to index)

SPJ v Queensland Police Service [2015] QDC 217 52/15 Cumulative disqualification periods
Johnson v QPS [2015] QDC 264 80/15 State reasons for imposing a disqualification beyond
the minimum
Thimble v Queensland Police Service [2016] QDC 73/16 Possessing liquor in a restricted area – transported
190 by car. Licence disqualification removed
Bulmer v Queensland Police Service [2016] QDC 77/16 Possessing liquor in a restricted area. Transported
197 by car. Interests of justice
Hughes v Commissioner of Police [2016] QDC 325 14/17 Use of car in offending. Abuse of the privilege of
driving.

SENTENCE – DISQUALIFICATION OF LICENCE – DISCRETION (back to index)

Miller v Commissioner of Police [2015] QDC 213 51/15 Discretion to order disqualification
Healey v Commissioner of Police [2016] QDC 192 75/16 Driving without due care and attention. Exercise of
discretion.

SENTENCE – DISQUALIFICATION OF LICENCE – REMOVE ABSOLUTE DISQUALIFICATION (back to index)

Anderson v Commissioner of Police [2021] QSC 78/21 See [36]. See also R v Shirley [1969] 1 WLR 1357,
254 Morgan v Commissioner of Police (Qld) [2007] QDC
10, Slivo v Commissioner of Police [2016] QDC 46,
Kennedy v Queensland Police Service [2009] QDC
181 and Burton v Commissioner of Police (Qld)
(1990) 10 MVR 329.

SENTENCE – DISQUALIFIED DRIVING (back to index)

Spencer v Commissioner of Police [2017] QDC 273 104/17 Notice under s 47 Justices Act 1886
Williams v The Commissioner of Police [2019] 60/19 Use of statistics on sentence, prevalence of
QDC 86 offending at sentence, importance of age of an
offender at sentence
Senesie Bull v The Commissioner of Police [2020] 25/20 Where applicant sentenced for burglary and
QDC 35 disqualified driving offences, discussion of
comparable cases
Riddell v The Commissioner of Police [2021] QDC 55/21 Where actual imprisonment was ‘unreasonable or
92 plainly unjust’
Benson v Commissioner of Police [2021] QDC 98 57/21 Drove away from police upon being identified as a
disqualified driver – lack of remorse

SENTENCE – DISQUALIFIED DRIVING – HISTORY (back to index)

Angel v Commissioner of Police [2018] QDC 56 38/18 Disqualified by court order. History of like offending
Ayling v Commissioner of Police [2017] QDC 42 42/17 History of like offending. Whether there had been a
mathematical approach to sentencing
Harman v Queensland Police Service [2018] QDC 65/18 Disqualified by court order. Relevance of dated
146 traffic history

SENTENCE – DOMESTIC VIOLENCE (back to index)

R v Hutchinson [2018] QCA 29 26/18 Retrospectivity of section 9(10A) of the Penalties
and Sentences Act 1992
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OWL v Queensland Police Service [2021] QDC 5 35/21 Totality principle, a summary of the allegations and
all other pertinent and relevant matters should be
stated in open court to adequately assist the court
NJB v Commissioner of Police [2021] QDC 42 39/21 Dismissal of appeal against conviction; finding of
credibility

SENTENCE – DOMESTIC VIOLENCE – CHILD NAMED ON ORDER (back to index)

JMM v Commissioner of Police [2018] QDC 130 57/18 1 x breach DVO. 12 year old son. Was on probation
for previous breach DVO

SENTENCE – DOMESTIC VIOLENCE – CROSS-ORDERS (back to index)

EAV v Commissioner of Police [2016] QDC 237 95/16 1 x Breach DVO. Cross-orders. Physical dispute.
Previous breach of order

SENTENCE – DOMESTIC VIOLENCE – DETERRENCE (back to index)

MAR v Queensland Police Service [2015] QDC 144 26/15 See [40] – [41]. “while the mental condition of the
appellant reduces his moral culpability and the
impact of general deterrence on the sentence, it
does not necessarily follow that personal deterrence
is of no or little consequence”
SAE v Commissioner of Police [2017] QDC 254 99/17 See [17] – general and personal deterrence. See
Smith v QPS [2015] QDC 152; R v James [2012] QCA
256; and Toby v QPS (Harrison, DCJ, Mount Isa
District Court, 22 September 2016)

SENTENCE – DOMESTIC VIOLENCE – DOMESTIC VIOLENCE OFFENCE (back to index)

NAS v Queensland Police Service [2017] QDC 173 73/17 Assault occasioning bodily harm whilst armed –
domestic violence offence
R v Kelley [2018] QCA 18 24/18 Assault occasioning bodily harm (domestic violence
offence)
Caddies v Birchell [2018] QDC 180 81/18 Assault occasioning bodily harm (domestic violence
offence). Physical altercation.
Bye v Commissioner of Police [2018] QDC 74 45/18 1 x common assault; 1 x deprivation of liberty, 1 x
assault occasioning bodily harm; and 1 x breach bail
condition. Grabbed complainant by neck, bound
complainant with rope, punched complainant to
forehead.

SENTENCE – DOMESTIC VIOLENCE – MENTAL HEALTH (back to index)

MAR v Queensland Police Service [2015] QDC 144 26/15 Borderline personality disorder
LJS v Sweeney [2017] QDC 18 37/17 Post-traumatic stress disorder, antisocial personality
traits, borderline intellectual impairment, substance
abuse, and victim of child sexual and emotional
abuse

SENTENCE – DOMESTIC VIOLENCE – PHYSICAL (back to index)

MAR v Queensland Police Service [2015] QDC 144 26/15 3 x Breach DVO. Punch to the head, covered mouth
and held forearm against throat. 4 x previous
breaches. Borderline personality disorder
IFM v Queensland Police Service [2016] QDC 140 57/16 2 x Breach DVO. Punch to jaw, grabbed throat,
kicked, dragged. Second breach of DVO committed

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while on bail for first breach. Previous breaches,

including one on same aggrieved
LJS v Sweeney [2017] QDC 18 37/17 2 x Breach DVO. Punched aggrieved, grabbed arm,
pushed head into fence. Called and messaged
aggrieved. Previous breaches
SAE v Commissioner of Police [2017] QDC 254 99/17 1 x Breach DVO. Punched to head while sleeping,
other punches to head and ribs, threats. Suspended
sentence 2 days prior for AOBH on same aggrieved
RJD v Queensland Police Service [2018] QDC 147 64/18 3 x Breach DVO. Struggle, threats. 6 previous
breaches, same aggrieved
BHN v Queensland Police Service [2019] QDC 129 3/20 1 x Breach DVO. Punched aggrieved in stomach
slapped her on the chin and bit her hand. Was on
parole for 2 x previous breaches involving same
complainant

SENTENCE – DOMESTIC VIOLENCE – NON-PHYSICAL (back to index)

TZL v QPS [2015] QDC 171 36/15 1 x Breach DVO. Brief personal contact at child care
centre and sending emails. 10 x previous breaches, 8
involving the same aggrieved
NVZ v Queensland Police Service [2018] QDC 216 92/18 1 x Breach DVO. Threats made while in custody.
Queensland Police Service v JSB [2018] QDC 120 54/18 1 x Breach DVO. Verbal abuse. 6 previous breaches,
same aggrieved
CBC v Queensland Police Service [2019] QDC 3 18/19 1 x contravention of domestic violence order
(aggravated), breach no contact condition

SENTENCE – DOMESTIC VIOLENCE – NON-PHYSICAL – PHONE (back to index)

Green v Queensland Police Service [2015] QDC 19/16 1 x Breach DVO. Contacted aggrieved 60 times via
341 mobile to withdraw complaint. 9 previous breaches,
8 involving same aggrieved
JHL v Commissioner of Police [2016] QDC 346 22/17 3 x Breach DVO. Contacted aggrieved via text with
threats made. 22 x previous breaches
CDX v Queensland Police Service [2017] QDC 96 60/17 1 x Breach DVO. Contacted aggrieved. Previous
breaches, different aggrieved

SENTENCE – DOMESTIC VIOLENCE – RESENTENCE PREVIOUS BREACHES (back to index)

AMD v The Commissioner of Police [2019] QDC 22 31/19 Contravention of domestic violence order
(aggravated), contravene direction or requirement;
2 x assault or obstruct police; breach of bail
condition; trespass; resentenced for 6 x contravene
DVO

SENTENCE – DOMESTIC VIOLENCE – SAME AGGRIEVED – NON-PHYSICAL (back to index)

TZL v QPS [2015] QDC 171 36/15 1 x Breach DVO. Brief personal contact at child care
centre and sending emails. 10 x previous breaches, 8
involving the same aggrieved
Green v Queensland Police Service [2015] QDC 19/16 1 x Breach DVO. Contacted aggrieved 60 times via
341 mobile to withdraw complaint. 9 x previous
breaches, 8 involving same aggrieved
JHL v Commissioner of Police [2016] QDC 346 22/17 3 x Breach DVO. Contacted aggrieved via text with
threats made. 22 x previous breaches
Queensland Police Service v JSB [2018] QDC 120 54/18 1 x Breach DVO. Verbal abuse. 6 previous breaches,
same aggrieved
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SENTENCE – DOMESTIC VIOLENCE – SAME AGGRIEVED – PHYSICAL (back to index)

IFM v Queensland Police Service [2016] QDC 140 57/16 2 x Breach DVO. Punch to jaw, grabbed throat,
kicked, dragged. Second breach of DVO committed
while on bail for first breach. Previous breaches,
including one on same aggrieved
BHN v Queensland Police Service [2019] QDC 129 3/20 1 x Breach DVO. Punched aggrieved in stomach
slapped her on the chin and bit her hand. Was on
parole for 2 x previous breaches involving same
complainant

SENTENCE – DOMESTIC VIOLENCE – SECTION 16 CRIMINAL CODE ACT (back to index)

ETB v Commissioner of Police [2018] QDC 26 33/18 2 x Breach DVO, 1 x common assault (punched
aggrieved). See [17] – [20]. No contravention of
section 16 as each offence was a separate and
distinct criminal offence.

SENTENCE – DRIVING UNDER THE INFLUENCE (back to index)

Mayne v Purtill [2016] QDC 124 54/16 Error in exercise of jurisdiction. P Plater. 0.185 BAC.
Recording a conviction – impact on offender’s
economic or social wellbeing or changes of finding
employment – real estate agent
Taylor v Commissioner of Police [2017] QDC 236 94/17 Prior relevant traffic history
Spencer v Commissioner of Police [2017] QDC 273 104/17 Notice under s 47 Justices Act 1886
Hinge v Commissioner of Police [2018] QDC 8 16/18 Keys in ignition, indicia of intoxication
Williams v The Commissioner of Police [2019] 60/19 Use of statistics on sentence, prevalence of
QDC 86 offending at sentence, importance of age of an
offender at sentence

SENTENCE – DRIVING UNDER THE INFLUENCE – DISQUALIFICATION (back to index)

Purcell v Commissioner of Police [2016] QDC 342 25/17 Regard to the statutory minimum and maximum
disqualification periods. 0.149 BAC
Hay v Commissioner of Police [2016] QDC 358 38/17 Magistrate declined to hear submissions as to length
of disqualification
Harper v Queensland Police Service [2017] QDC 46/17 Magistrate imposed disqualification period greater
68 than allowed. 0.147 BAC
Bailey v Queensland Police Service [2020] QDC 44/20 0.21% and 12 months disqualification. Useful
168 discussion of comparable decisions.

SENTENCE – DRIVING WITHOUT DUE CARE AND ATTENTION (back to index)

Miller v Commissioner of Police [2015] QDC 213 51/15 Falling asleep at wheel of a truck
Healey v Commissioner of Police [2016] QDC 192 75/16 Falling asleep at wheel of vehicle. Discretion to
order disqualification
Smyl v Commissioner of Police [2019] QDC 194 9/20 Injured complainant while parking; culpability –
terrible error of judgment vs momentary
inattention. Effect of disqualification on finances

SENTENCE – DRUGS (back to index)

Beveridge v The Commissioner of Police [2016] 12/16 14 drug related offences
QDC 8
Russell v Commissioner of Police [2016] QDC 102 41/16 Unlawfully supplying cannabis

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Chapman v Queensland Police Service [2016] QDC 58/16 Possession of a dangerous drug
141
Abboud v The Commissioner of Police [2019] QDC 22/20 Possession of 9.7 grams of methylamphetamine
273
Neale v Commissioner of Police [2020] QDC 233 71/20 13.89 grams of methylamphetamine with a purity of
6.347 grams
R v Kopjar [2021] QCA 219 77/21 Possession of 3.298 grams of MDMA, 1.969 grams of
cocaine, 2.115 grams of psilocybin mushrooms, 2
grams of cannabis and 58 millimetres in two bottles
of cannabinol oil. Sentencing judge took into
account the defendant’s rehabilitation, visa
ramifications, variety and quantity of drugs

SENTENCE – EACH CHARGE (back to index)

George v Queensland Police Service [2015] QDC 34/15 Necessity to sentence on each charge. See [34]
163

SENTENCE – EXTRA CURIAL PUNISHMENT (back to index)

Crowley v Queensland Police Service [2018] QDC 49/18 Significant physical and psychological injuries
117
Caddies v Birchell [2018] QDC 180 81/18 Physical injuries

SENTENCE – FAIL TO STOP (back to index)

Doig v The Commissioner of Police [2016] QDC 98/16 Forbes v Jingle [2014] QDC 204 not followed
320
Cronin v Commissioner of Police [2016] QDC 63 39/16 See [13]. s754(5) – action taken to avoid being
intercepted. Magistrate fettered sentencing
discretion believing no sentencing options other
than a mandatory minimum fine were available.
Gibson v Queensland Police Service [2016] QDC 106/16 Concurrent probation and parole
264
Powley v Queensland Police Service [2017] QDC 58/17 Minimum penalty – imprisonment vs fine
152
Holden v Queensland Police Service [2018] QDC 94/18 Verdins principles; Mental Health
217

SENTENCE – FAIL TO STOP – COMMUNITY BASED ORDERS (back to index)

Sbresni v Commissioner of Police [2016] QDC 18 15/16 Forbes v Jingle [2014] QDC 204. Combined probation
and community service order.
Skinner v The Commissioner of Police [2016] QDC 56/16 Probation as a sentencing option. Forbes v Jingle
138 [2014] QDC 204
Campbell v Galea [2019] QDC 53 49/19 Whether a probation order could be imposed for a
s754(2) PPRA offence of failing to stop a motor
vehicle
Commissioner of Police v Broederlow [2020] QCA 38/20 Discussion of minimum and maximum penalties in
161 s.754(2) at [32]-[34]

SENTENCE – FAMILY CONSIDERATIONS (back to index)

Bolton v Queensland Police Service [2018] QDC 53/18 Hardship on the family of the offender
114
R v Hannan; Ex parte Attorney-General (Qld) 73/18 Relevance of family considerations to sentence
[2018] QCA 201 especially separation of mother and child
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SENTENCE – FASD (back to index)

Pora v The Queen [2015] UKPC 9 21/15 Prone to confabulate – not intentional, feature of
executive brain impairment
Churnside v The State of Western Australia [2016] 1/17 Over representation of Aboriginals in the Criminal
WASCA 146 Justice System

SENTENCE – FINE (back to index)

Kelly v Commissioner of Police [2017] QDC 156 69/17 Defendant sentenced to imprisonment for a fine
only offence
Ballard v Commissioner of Police [2017] QDC 174 70/17 Infringement notice penalty doesn’t fetter discretion
to impose lower fine. Requirements under s51
Penalties and Sentences Act 1992 to make order at
the time of sentence.
Harvey v The Commissioner of Police [2018] QDC 59/18 Quantum of fine imposed excessive having regard to
131 mitigating factors.
NHR v The Commissioner of Police [2021] QDC 67 42/21 Quantum of fine did not take into account the
defendant’s earning capacity. See EBH v
Commissioner of Police [2019] QDC 115; Nolan v
Queensland Police Service [2012] QDC 179; R v Hollis
[2020] QCA 7; R v Ball [2012] QCA 51; and R v Lude;
R v Love [2007] QCA 319. See [8] – [14].

SENTENCE – FINE – CAPACITY TO PAY (back to index)

Doyle v The Commissioner of Police [2015] QDC 28/15 Defendant’s financial circumstances were not taken
155 into account. Single fine imposed in relation to four
offences. Fine imposed was beyond defendant’s
means.
Russell v Commissioner of Police [2016] QDC 102 41/16 Magistrate did not take into account the
requirements set out in s 48 Penalties and Sentences
Act 1992. See [18].
Young v White [2016] QDC 159 67/16 Magistrate did not take into account the
requirements set out in s 48 Penalties and Sentences
Act 1992 and the burden the payment would be.
See [72] – [74].
Avery & Ors v Queensland Police Service [2019] 28/19 Financial considerations of an offender is a
QDC 21 mandatory consideration in determining fine
quantum. See Sgroi v R (1989) 40 A Crim R 197. See
[26].
Nolin v Commissioner of Police [2019] QDC 171 10/20 Magistrate erred by imposing a sentence the did not
consider the defendant’s ability to pay. See [17].

SENTENCE – FINE – CAPACITY TO PAY – BURDEN (back to index)

Fourmile v Queensland Police Service [2016] QDC 68/16 Fine imposed created ‘substantial burden’ on
182 defendant. Fine amount to be relative to matters set
out in s48 Penalties and Sentences Act 1992. See [7]
– [10].
Johnson v RSPCA Queensland [2016] QDC 185 70/16 Defendant was vision impaired and on disability
pension. Magistrate did not consider the financial
circumstances of the defendant or the nature of the
burden the fine created. See [11] – [14].

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Ratcliffe v Queensland Police Service [2019] QDC 6/20 See [18]. The defendant did not have employment
144 or any reasonable prospects of paying the fine.

SENTENCE – FINE – CAPACITY TO PAY – DETERRENCE (back to index)

Bulmer v Queensland Police Service [2016] QDC 77/16 Magistrate allowed general deterrence to
197 overwhelm other considerations. Fine was beyond
capacity to pay and had little or no deterrent effect.
See [27].
Levinge v Department of Agriculture and Fisheries 53/20 Fine amount was disproportionate to the
[2020] QDC 179 defendant’s circumstances, despite the need for
personal and general deterrence. See Bone v
Mothershaw [2001] QDC 255 re deterrence.

SENTENCE – FINE – CAPACITY TO PAY – SPER (back to index)

Johnson v QPS [2015 QDC 264 80/15 Fine was held to not be excessive. Payment
arrangements through SPER reflect personal
circumstances of defendant to pay. See [18] – [19].
Kues-Sales v Commissioner of Police [2016] QDC 38/16 Defendant’s financial situation was not taken into
53 account. Although referred to SPER did not have a
real prospect of paying it off in the foreseeable
future. Breach of s48 Penalties and Sentences Act
1992. See [17].

SENTENCE – FINE – TOTALITY (back to index)

Waterloo Car Centre Pty Ltd v Commissioner of 64/17 Totality principle applies to fines
Police [2017] QDC 149

SENTENCE – FOOD (back to index)

Higgin v Nguyen [2013] QDC (unreported) 3/18 Council appealed adequacy of sentence
Woolworths Limited v Stacey Maree Spletter 20/18 Displaying foods past their use-by date
[2018] QDC 13

SENTENCE – HARDSHIP (back to index)

R v Ibbetson [2020] QCA 214 74/20 Effect of sentence on family, consequences must be
exceptional
Kemp v The Commissioner of Police [2021] QDC 19/21 Petrol drive-off, had made arrangements to pay for
30 fuel but forgot to return.

SENTENCE – IMPRISONMENT (back to index)

R v MacDonald [2015] QCA 253 97/15 Whether “imprisonment” in s 9(12) of the P&SAct
should be read as actual imprisonment or include
wholly suspended imprisonment and imprisonment
with immediate parole
Greenwood v Tom [2016] QDC 196 76/16 Imprisoning a defendant on appeal that is otherwise
at liberty
Allen v Commissioner of Police [2019] QDC 34 41/19 Whether to declare the day of sentence as time
served
Senesie Bull v The Commissioner of Police [2020] 25/20 Imprisonment as a sentence of last resort
QDC 35
R v Rogan [2021] QCA 269 87/21 Utility of short terms of imprisonment

SENTENCE – INDIGENOUS (back to index)

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Churnside v The State of Western Australia [2016] 1/17 Over representation of Indigenous persons in the
WASCA 146 Criminal Justice System
Goodman v Commissioner of Police [2017] QDC 97/17 Social disadvantage, particularly in indigenous
252 communities. Bugmy v The Queen (2013) 249 CLR
571
R v JPG [2019] QChC 10 53/19 Sentence discretion miscarried by perceived
prevalence of offending of Indigenous youths

SENTENCE – INTERSTATE IMPRISONMENT (RELEVANCE) (back to index)

AMD v The Commissioner of Police [2019] QDC 22 31/19 Application of s9(2)(k) Penalties and Sentences Act.
Regard to be had to sentences imposed on, and
served by, the offender in another State or a
Territory for an offence committed at, or about the
same time, as the offence with which the court is
dealing

SENTENCE – LAND CLEARING (back to index)

Hill v Holeszko [2017] QDC 35 41/17 Contravening s 578(1) of the Sustainable Planning
Act 2009

SENTENCE – LEAVING A CHILD UNDER 12 UNATTENDED (back to index)

AJM v Commissioner of Police [2019] QDC 25 32/19 4 year old child left in car in car park

SENTENCE – LIQUOR (back to index)

Fourmile v Queensland Police Service [2016] QDC 68/16 Possession of liquor in a restricted area. Community
182 Service Order imposed in place of fine.
Thimble v Queensland Police Service [2016] QDC 73/16 Possession of liquor in a restricted area. Fine
190 imposed had little or no deterrent effect. See
Callope v Senior Constable B Elsey (Unreported, Qld
District Court, White DCJ, Cairns, 8 March 2005). See
[23] – [26].
Bulmer v Queensland Police Service [2016] QDC 77/16 Possession of liquor in a restricted area. Magistrate
197 allowed general deterrence to overwhelm the
defendant’s personal circumstances. See [20] re
prevalence of alcohol-fuelled violence in the local
restricted area.
Noble v Queensland Police Service [2016] QDC 5/17 Possession of liquor in a restricted area. Fine
295 imposed reduced. See Callope v Senior Constable B
Elsey (Unreported, Qld District Court, White DCJ,
Cairns, 8 March 2005); Thimble v Queensland Police
Service [2016] QDC 190; and Bulmer v Queensland
Police Service [2016] QDC 197.
Street v Queensland Police Service [2018] QDC 60 39/18 Possession of liquor in a restricted area. See Callope
v Senior Constable B Elsey (Unreported, Qld District
Court, White DCJ, Cairns, 8 March 2005).

SENTENCE – MAXIMUM PENALTY (back to index)

Ross v Commissioner of Police [2015] QDC 315 7/16 Approach to follow where there has been an
increase in the maximum penalty
Komar v Commissioner of Police [2016] QDC 79 45/16 Maximum penalty imposed
Bird v Commissioner of Police [2021] QDC 49 46/21 Sentence imposed exceeding maximum penalty

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SENTENCE – MENTAL IMPAIRMENT (back to index)

Shelley v Queensland Police Service [2015] QDC 54/15 Sentencing mentally impaired offenders. See R v
218 Goodger [2007] QCA 377.

SENTENCE – MENTAL IMPAIRMENT – DETERRENCE (back to index)

R v Stephens [2017] QCA 173 84/17 Verdins principles referred to. See [21]. See also [22]
reference to R v Goodger [2007] QCA 377: a mental
disorder short of insanity may lessen the moral
culpability of an offender and so reduce the claims
of general or personal deterrence upon the
sentencing discretion
ROV v Commissioner of Police [2017] QDC 324 14/18 Impaired mental functioning. General deterrence
was of little relevance. See [16] – [18]. See R v
Goodger [2007] QCA 377
Bye v Commissioner of Police [2018] QDC 74 45/18 Magistrate referred to importance of general
deterrence without moderating due to psychiatric
condition. See [22]. Referred to Verdins principles.
McClintock v Commissioner of Police [2020] QDC 46/20 Magistrate considered the limited relevance of
147 deterrence where there is a mental disorder. See R v
Yarwood [2011] QCA 367. Whether a personality
disorder could constitute mitigating circumstances
that engage the “Verdins” principle not considered.

SENTENCE – MENTAL IMPAIRMENT – EVIDENCE (back to index)

RJD v Queensland Police Service [2018] QDC 147 64/18 See [34] - [39]. See LJS v Sweeney [2017] QDC 18.
See also R v Goodger [2009] QCA 377: reduction of
penalty where relevant psychiatric evidence
affecting and related to the offending.
Dawkins v Queensland Police Service [2018] QDC 68/18 See [54] – [56]. Insufficient material placed before
161 court re defendant suffering a psychiatric illness in
terms of R v Goodger [2009] QCA 377; R v Yarwood
[2011] QCA 367; R v Verdins [2007] 16 VR 269; and
Muldrock v The Queen [2011] HCA 39.
NVZ v Queensland Police Service [2018] QDC 216 92/18 See [50] – [54]. No compelling evidence that the
defendant’s mental health was connected to
offending. See R v Goodger [2009] QCA377 and R v
Verdins [2007] 16 VR 269.
Holden v Queensland Police Service [2018] QDC 94/18 See [34] – [35] and [57]. Lack of evidence about the
217 defendant’s mental health at sentence. See R v
Goodger [2009] QCA 377; R v Neumann; ex parte A-
G [2007] 1 Qd R 53; R v Yarwood (2011) 200 A Crim
R 497; R v Tsiaras [1996] 1 VR 398 and R v Verdins
(2007) 16 VR 269.

SENTENCE – MENTAL IMPAIRMENT – RECORDING A CONVICTION (back to index)

Hurley v The Commissioner of the Queensland 9/18 Recording of a conviction. See [149], [155] – [158].
Police Service [2017] QDC 297 See R v Tsiaras [1996] 1 VR 398; R v Verdins [2007]
VSCA 102; R v CBQ [2016] QCA 125; and R v Rix
[2014] QCA 278.
Ahmad v Commissioner of Police [2020] QDC 212 70/20 Useful example of the impact the Verdins principles
have on the exercise of the discretion to record a
conviction.

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SENTENCE – MENTAL IMPAIRMENT – VOLUNTARY INTOXICATION (back to index)

R v Bowley [2016] QCA 254 105/16 Relevance of mental abnormality not amounting to
a defence and voluntary intoxication alcohol/drugs,
referred to the Verdins principles: [33], [34], [40]

SENTENCE – OBSTRUCT POLICE (back to index)

CSN v The Queensland Police Service [2019] QDC 43/19 Obstruct police, manifest excessiveness, error of
43 fact as to the assessment of criminality as “amongst
the most serious of obstruct police charges”

SENTENCE – PARITY (back to index)

George v Queensland Police Service [2015] QDC 34/15 See [38] – [46]. Lowe v The Queen (1984) 154 CLR
163 606; R v Edwards [2013] QCA 216
Young v White [2016] QDC 159 67/16 Role in conduct. See [46] – [47] and [55] – [56]. See
Lowe v R [1984] 154 CLR 606 and Clarke-Davis v
Commissioner of Police [2014] QDC 61.
Burmeister v Queensland Police Service [2017] 106/17 Consider the details of charges, mitigating factors
QDC 278 and aggravating circumstances. See [10] – [11] and
[15] – [16]
R v MCP [2018] QCA 154 58/18 Distinguishing features
Beardsley v Queensland Police Service [2020] QDC 49/20 Cox v The Queen (1991) 55 A Crim R 396: sufficient
172 discrepancy between sentences

SENTENCE – PARITY – CUMULATIVE (back to index)

Snyder v Detective Sergeant SR Carr [2016] QDC 60/16 Cumulative sentences and parity
153

SENTENCE – PAROLE (back to index)

Gibson v Queensland Police Service [2016] QDC 106/16 Combined Parole / Probation order under s92(1)(a)
264 deferring reporting to 2 business days post release
rather than immediate release on probation. See
Sysel v Dinon & Ors [2002] QCA 385. See [15].
Bye v Commissioner of Police [2018] QDC 74 45/18 Ordering parole on last day of sentence
Smallwood v Queensland Police Service [2021] 24/21 Likelihood defendant will be required to serve
QDC 43 entirety of sentence
Hemmett v Commissioner of Police [2021] QDC 2/22 A prisoner is still serving a term of imprisonment
318 even if on parole and the parole order is suspended

SENTENCE – PAROLE – CANCELLATION (back to index)

Maclure v Queensland Police Service [2018] QDC 55/18 Relevance of criminal history, parole cancellation s
122 205 parole eligibility date, cumulative sentencing
Douglas v Commissioner of Police [2021] QDC 229 81/21 Relevant consideration at sentence

SENTENCE – PAROLE – CUMULATIVE SENTENCING (back to index)

Turnbull v Commissioner of Police [2016] QDC 36 28/16 Cumulative sentences setting a parole date. See R v
Herbert [2013] QCA 62 at [16].
Maclure v Queensland Police Service [2018] QDC 55/18 Relevance of criminal history, parole cancellation s
122 205 parole eligibility date, cumulative sentencing

SENTENCE – PAROLE – DELAYS (back to index)

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Stuurman v Queensland Police Service [2021] 53/21 Delays with Parole Board considering parole
QDC 80 applications
R v Jason [2021] QCA 151 63/21 Example of the Court of Appeal considering delay in
consideration of parole applications (that was not
raised at the original sentencing hearing) and
weighing that issue with other factors that
supported the imposition of a parole eligibility date
R v Eru-Guthrie [2021] QDC 174 69/21 Incorrect assumption that the defendant would be
considered for parole when eligible meant
sentencing discretion miscarried as sentence could
not be given effect due to circumstances not known
to the court at the time of sentence
Burnett v Commissioner of Police [2021] QDC 251 83/21 Impact of Parole Board delays on fixing the
appropriate parole eligibility date

SENTENCE – PAROLE - OFFENDING ON PAROLE (back to index)

Chevathen v Queensland Police Service [2016] 2/17 Offending while on a suspended parole order, fixing
QDC 270 a parole release date
Addo v Senior Constable Jacovos [2016] QDC 271 3/17 Offending while parole suspended whether parole
eligibility date or parole release date
The Queen v Hall [2018] QSC 101 40/18 Effect of imposing a sentence for an offence
committed while on parole

SENTENCE – PAROLE – SETTING DATE (back to index)

Lannigan v The Commissioner of Police [2015] 45/15 Setting a parole eligibility date on a fresh sentence,
QDC 192 should be proportionate
Murray v The Queen [2015] QDC 219 53/15 Setting a parole eligibility date. Error in applying
s60F Penalties and Sentences Act 1992
Chevathen v Queensland Police Service [2016] 2/17 Offending while on a suspended parole order, fixing
QDC 270 a parole release date
Trott v Commissioner of Police [2018] QDC 165 77/18 Reopening and correcting error about parole release
date and eligibility

SENTENCE – PAROLE – SETTING DATE – HALFWAY AND BEYOND (back to index)

Williams v The Commissioner of Police [2019] 60/19 Parole release date set on the full-time date of
QDC 86 sentence
Hemmings v Commissioner of Police [2021] QDC 74/21 Requirement to give reasons
172
Pamtoonda v Commissioner of Police [2021] QDC 80/21 Parole release date set at halfway point rather than
207 one third. See [53] – [58]. See also R v Nagy [2004] 1
Qd R 63.

SENTENCE – PAROLE – REASONS (back to index)

BAB v Commissioner of Police [2019] QDC 118 73/19 Failure to give reasons for deferring a parole
eligibility date

SENTENCE – PAROLE – SECTION 60F PENALTIES AND SENTENCES ACT 1992 (back to index)
Murray v The Queen [2015] QDC 219 53/15 Setting a parole eligibility date. Error in applying
s60F Penalties and Sentences Act 1992
Norwood v Queensland Police Service [2018] QDC 70/18 Parole eligibility/release date s 160F Penalties and
170 Sentences Act 1992

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R v Degn [2021] QCA 33 22/21 Application of s 160F of the Penalties and Sentences
Act 1992, does not “…[prescribe] any sentencing
methodology.”

SENTENCE – PAROLE – TOTALITY (back to index)

CBC v Queensland Police Service [2019] QDC 3 18/19 Imprisonment resulting in parole eligibility date had
a “crushing effect”. See [36] – [37].

SENTENCE – PENALTIES AND SENTENCES ACT 1992 (back to index)

R v Townshend [2021] QCA 106 51/21 Construction of s. 9 of the Penalties and Sentences
Act 1992 and the usefulness of authorities where
there was a different statutory regime in force

SENTENCE – PIN CODES (back to index)

Ross v Commissioner of Police [2018] QDC 99 52/18 Contravening order about information necessary to
access information stored electronically
Ross v Commissioner of Police [2019] QCA 96 42/19 Appeal against CM Note 52/18. Appeal dismissed.
Calvet v The Commissioner of Police [2020] QDC 43/20 Sentence of imprisonment – contravening order
161 about information necessary to access information
stored electronically.

SENTENCE – PLEA OF GUILTY (back to index)

R v Haddou [2019] QDC 152 7/20 No allocutus administered

SENTENCE – PLEA OF GUILTY – TAKEN INTO ACCOUNT (back to index)

TZL v QPS [2015] QDC 171 36/15 State how plea of guilty taken into account
Roll v QPS [2015] QDC 296 95/15 R v Safi [2015] QCA 13 and R v Taki [2015] QCA 60 in
relation to the obligation imposed by s 13(3)
Penalties and Sentences Act 1992 to state in open
court how plea of guilty is taken into account
Andrews v Queensland Police Service [2018] QDC 47/18 Magistrate erred in not stating how guilty plea was
89 taken into account. See R v Safi [2015] QCA 13. See
[4] – [5] and [22] – [23].
Russell v Commissioner of Police [2016] QDC 102 41/16 Whether sufficiently taken into account
Williamson v The Commissioner of Police [2019] 48/19 Failure to explain how a plea of guilty is taken into
QDC 56 account pursuant to s13(3) of the Penalties and
Sentences Act 1992

SENTENCE – PLEA OF GUILTY – SENTENCE REDUCTION (back to index)

Smalley v Commissioner of Police [2016] QDC 322 13/17 Magistrate erred by not stating in open court that
the plea of guilty had been taken into account and
did not provide reasons for reducing sentence upon
the plea of guilty. See [21] and [37] – [38].

SENTENCE – PLEA OF GUILTY – WEIGHT (back to index)

Gavey v Mellor [2015] QDC 282 90/15 Weight to be given to a plea of guilty
Nielson v Radcliffe (Constable) [2016] QDC 213 81/16 See [20] – [21]. Magistrate failed to deal with the
pleading in open court or give sufficient weight to
plea of guilty. See The Queen v Mallon [1997] QCA
058.

SENTENCE – POLICE OFFICER (back to index)

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ROV v Commissioner of Police [2017] QDC 324 14/18 Computer hacking and misuse / police computer,
range of sentences
Punchard v Commissioner of Police [2020] QDC 67/20 9 x using a restricted computer without consent and
211 cause or intend to cause detriment, damage or gain.
See Hughes v R [2014] NSWCCA 15 per Hall J
Overturned by Court of Appeal [2021] QCA 166
Commissioner of Police v Punchard [2021] QCA 72/21 9 x use of restricted computer without consent and
166 cause or intend to cause detriment, damage or gain
(appeal from 67/20)

SENTENCE – PRESENTENCE CUSTODY (back to index)

R v Byriel [2016] QDC 43 32/16 Pre-sentence custody declaration
R v NT [2018] QCA 106 48/18 Taking into account pre-sentence custody
R v OCS [2019] QChC 9 52/19 Sentencing Magistrate incorrectly informed as to
level of pre-sentence custody
Stuurman v Queensland Police Service [2021] 53/21 Consideration to be given to the overall sentence
QDC 80
The Queen v Whitely [2021] QSC 154 54/21 Consideration of the construction of s159A(1) of the
Penalties and Sentences Act 1992

SENTENCE – PRESENTENCE CUSTODY – CERTIFICATE (back to index)

TZL v QPS [2015] QDC 171 36/15 Pre-sentence custody certificate

SENTENCE – PRESENTENCE CUSTODY – NON-DECLARABLE (back to index)

R v Lappan [2015] QCA 180 63/15 Giving effect to non-declarable pre-sentence
custody in relation to the effective head sentence
R v McCusker [2015] QCA 179 6/16 Allowance for non-declarable pre-sentence custody.
R v Carter [2016] QSC 86 47/16 Non-declarable pre-sentence custody
R v Houkamau [2016] QCA 328 12/17 Reducing the head sentence to take into account
non-declarable pre-sentence custody
The Queen v Whitely [2021] QSC 154 54/21 Consideration of the construction of s159A(1) of the
Penalties and Sentences Act 1992

SENTENCE – PRISON HARDSHIP (back to index)

R v KAX [2020] QCA 218 78/20 Effect of the restrictions imposed on prisoners as a
result of the COVID-19 pandemic

SENTENCE – PROBATION (back to index)

R v Naidu [2019] QDC 94 62/19 Application to revoke probation order pursuant to
ss122 and 120 Penalties and Sentences Act 1992;
whether discretion to record or not record a
conviction under s12 of the PSA is available upon re-
sentence on revocation of a probation order

SENTENCE – PROBATION – COMBINATION ORDER (back to index)

Skinner v The Commissioner of Police [2016] QDC 56/16 Probation order with suspended sentence
138
Gibson v Queensland Police Service [2016] QDC 106/16 Combined Parole / Probation order
264

SENTENCE – PROBATION – CONSENT (back to index)

MEG v Commissioner of Police [2017] QDC 302 12/18 Defendant’s consent
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Bye v Commissioner of Police [2018] QDC 74 45/18 Defendant’s consent

R v RLP [2019] QChC 11 59/19 Requirement to seek child’s willingness to do
probation; method to seek such consent;
requirement to consider restorative justice process

SENTENCE – PROSTITUTION (back to index)

Lee v Commissioner of Police [2021] QDC 296 1/22 Appeal against conviction and sentence for
knowingly carrying on the business of providing
unlawful prostitution

SENTENCE – RECORD CONVICTION (back to index)

Rees v The Commissioner of Police [2015] QDC 101/15 Magistrate erred in stating, “the default position is
305 that convictions are recorded.” Held to be
appellable error. See R v Cay, Gersch and Schell ex
parte Attorney-General (Qld) [2005] QCA 467. See
also [3] and [7].
Maloney v The Commissioner of Police [2016] 74/16 Magistrate erred in acting on mistaken belief as to
QDC 191 starting point for sentencing which had potential to
affect the balance of considerations.
JWD v The Commissioner of Police [2019] QDC 29 33/19 Relevance to determination if a sentence is
excessive. Thompson v State of Queensland [2009]
QDC 242.
Taylor v Queensland Police Service [2021] QDC 62/21 Magistrate relied heavily on impermissible
144 aggravating features when assessing the appellant’s
character which resulted in error

SENTENCE – RECORD CONVICTION – COMMONWEALTH (back to index)

Kerr v Simpson [2016] QDC 34 25/16 Whether the magistrate erred in not discharging
under s 19B Crimes Act 1914 without recording a
conviction
Iesha Lillian Nixon v The Commissioner of Police 79/18 s 19B Crimes Act 1914 (Cth). See Commissioner of
(Qld) [2018] QDC 188 Taxation v Baffsky [2001] NSWCCA 332.

SENTENCE – RECORD CONVICTION – CRIMINAL HISTORY (back to index)

WPT v QPS [2021] QDC 250 75/21 Do not allow the criminal history to overwhelm or
unduly infect the sentencing discretion

SENTENCE – RECORD CONVICTION – DRUGS (back to index)

EKL v The Commissioner of Police [2021] QDC 193 79/21 Possession of a dangerous drug (cocaine)

SENTENCE – RECORD CONVICTION – EMPLOYMENT (back to index)

Mayne v Purtill [2016] QDC 124 54/16 Defendant studying for a real estate licence
MB v Queensland Police Service [2020] QDC 325 34/21 Employment considerations
NHR v The Commissioner of Police [2021] QDC 67 42/21 Blue card – impact on employment
Amin v Queensland Police Service [2020] QDC 260 3/21 Medical profession. APRHA guidelines indicated that
mere finding of guilt on the three charges may be
sufficient to affect participation in the medical
profession

SENTENCE – RECORD CONVICTION – EMPLOYMENT – PRINCIPLES (back to index)

Hurley v QPS [2015] QDC 045 2/15 Employment, enunciating principles in s 12(2)
Penalties and Sentences Act 1992
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Weston v Commissioner of Police [2015] QDC 221 55/15 Employment, See R v Cay, Gersh and Schell; ex parte
Attorney General Queensland [2005] QCA 467:
authority for the proposition that the offer of work
is more than a mere chance of employment. s 12(2)
Penalties and Sentences Act 1992,

SENTENCE – RECORD CONVICTION – MENTAL HEALTH (back to index)

Hurley v The Commissioner of the Queensland 9/18 Relevance of Verdins principles
Police Service [2017] QDC 297

SENTENCE – RECORD CONVICTION – OPPORTUNITY TO BE HEARD (back to index)

Opitz v Commissioner of Police [2015] QDC 293 93/15 Defendant’s solicitor did not make and was not
invited to make submissions about the recording of
a conviction and requested to be heard after
sentence. Impact on employment and Family Court
proceedings. Judicial officer should invite
submissions prior to any determination. See [11] –
[14] and [31].
Greenwood v Tom [2016] QDC 196 76/16 Requirement to hear parties as to recording of a
conviction. See [39] – [40].
AHL v Commissioner of Police [2017] QDC 176 71/17 s 179(2) of the Domestic and Family Violence
Protection Act 2012. Opportunity to be heard. See R
v Cunningham [2005] QCA 321.

SENTENCE – RECORD CONVICTION - PREVIOUS CONVICTIONS (back to index)

Embleton v Commissioner of Police [2016] QDC 9/17 See [8] – [17]. Defendant had a very dated previous
282 offending with no previous conviction. No evidence
placed before the court in relation to the
defendant’s economic or social wellbeing or chances
of finding employment. See R v Siler [2003] QCA
217.
Spencer v Commissioner of Police [2017] QDC 273 104/17 s 47(5) Justices Act 1886 – Notice of prior conviction
R v Everett [2018] QCA 248 39/19 Relevance of previous convictions
Taylor v Queensland Police Service [2021] QDC 62/21 Child criminal history where no conviction recorded
144

SENTENCE – RECORD CONVICTION – REASONS (back to index)

Thrush v The Commissioner of the Queensland 85/15 Must provide reasons for recording a conviction, See
Police Service [2015] QDC 272 The Queen v Dodd [2010] QCA 31.
Payne v Commissioner of Police [2015] QDC 294 102/15 No consideration of s 12(2) Penalties and Sentences
Act 1992. See R v Cay; Ex parte A-G (Qld) (2005) 158
A Crim R 488.
Poile v Queensland Police Service [2018] QDC 61 41/18 No reasons were given by the Magistrate in
recording a conviction.
Faircloth v Commissioner of Police [2021] QDC 66/21 Magistrate did not state reasons for recording a
205 conviction

SENTENCE – RECORD CONVICTION - REHABILITATION (back to index)

To’a v Commissioner of Police [2018] QDC 82 46/18 Consider impact of conviction for certain offences
on future employment or rehabilitation prospects.
See R v Cay, Gersch & Schell; ex parte A-G (Qld)
[2005] QCA 467. See [15] – [21].

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R v Lovett (a pseudonym) [2021] QCA 46 49/21 No error is exercise of discretion, poor prospects of
rehabilitation and criminal history

SENTENCE – RECORD CONVICTION – REPORTABLE OFFENDER (back to index)

R v ZB [2021] QCA 9 10/21 Reportable offender within the meaning of the Child
Protection (Offender Reporting and Offender
Prohibition Order) Act 2004.

SENTENCE – RECORD CONVICTION – TRAFFIC (back to index)

Parker v Commissioner of Police [2016] QDC 354 27/17 Recording convictions for traffic matters

SENTENCE – REHABILITATION (back to index)

George v Queensland Police Service [2015] QDC 34/15 See [63] – [66]. R v Bell [1982] Qd R 216; R v Molina
163 (1984) 12 A Crim R 76
R v BCY [2015] QCA 200 74/15 Allowance for rehabilitation
Lamont v Queensland Police Service [2018] QDC 18/18 Relevance of a defendants tentative steps towards
10 rehabilitation
Aramoana v The Commissioner of Queensland 16/21 Important aspect of sentencing distraction to assist
Police Service [2021] QDC 19 defendant to rehabilitate

SENTENCE – RE-OPENING (back to index)

R v WBH [2020] QDC 324 8/21 Clear factual error of substance

SENTENCE – RESTITUTION (back to index)

Fry v Queensland Police Service [2016] QDC 33 24/16 Restitution when actual imprisonment is imposed.
Section 35 Penalties and Sentences Act.
Komar v Commissioner of Police [2016] QDC 79 45/16 Restitution where imprisonment is ordered
Nolin v Commissioner of Police [2019] QDC 171 10/20 Awarding restitution in circumstances where there
was no power to do so
Monsell v Commissioner of Police [2020] QDC 250 76/20 Hierarchy of enforcement options under the State
Penalties Enforcement Act 1999

SENTENCE – RESTITUTION vs COMPENSATION (back to index)

Randall-Salam v Commissioner of Police [2019] 55/19 Restitution different from compensation; procedural
QDC 65 fairness in sentencing and considering compensation
order
Owens v Commissioner of Police [2021] QDC 143 60/21 Restitution different from compensation; see ss35
and 36 Penalties and Sentences Act 1992. Where
order made necessary to articulate orders with
reference to statutory provision

SENTENCE – RIOT (back to index)

Young v White [2016] QDC 159 67/16 Bandidos at Broadbeach mall.

SENTENCE – SERIOUS ASSAULT (back to index)

Townsend v Commissioner of Police [2017] QDC 43/17 Biting (2 officers), assault occasioning bodily harm,
45 crushed officer’s glasses
To’a v Commissioner of Police [2018] QDC 82 46/18 Punched police officer in the jaw. Recording
conviction
Dawkins v Queensland Police Service [2018] QDC 68/18 Kicked a police officer in the eye, spat at police
161 officer

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Fuller v Commissioner of Police [2021] QDC 96 58/21 Police require protection of the courts – require
sentences that act as a personal and general
deterrent

SENTENCE – SERIOUS ASSAULT – SPITTING (back to index)

Ross v Commissioner of Police [2013] QDC 315 107/15 Spitting on face of police officer – not into mouth
Burke v Commissioner of Police [2015] QDC 328 1/16 Spitting on face of police officer – intoxicated
Harvey v Queensland Police Service [2017] QDC 6/18 Spitting at police officer
310
Dawkins v Queensland Police Service [2018] QDC 68/18 Kicked a police officer in the eye, spat at police
161 officer

SENTENCE – SERIOUS ASSAULT – SPITTING – AMBULANCE OFFICER (back to index)

Greenwood v Tom [2016] QDC 196 76/16 Spitting in the face of an ambulance officer

SENTENCE – SERIOUS ASSAULT – SPITTING – BUS DRIVER (back to index)

Harris v Queensland Police Service [2018] QDC 27 19/18 Public officer (spitting on a bus driver)

SENTENCE – SERIOUS ASSAULT – SPITTING – CIVILIAN (back to index)

Williams v Commissioner of Police [2015] QDC 38/15 Spitting common assault - civilian
168

SENTENCE – SEXUAL OFFENCES (back to index)

R v Devenish [2016] QDC 236 94/16 s 9(4) Penalties and Sentences Act 1992 whether
committed ‘in relation to a child’.
Braga v Commissioner of Police [2018] QDC 48 42/18 Indecent assault. Short term of imprisonment
wholly suspended not outside sentencing discretion.
The Commissioner of Police v Lloyd-West [2018] 66/18 Indecent treatment of a child under 16
QDC 153 years, grooming a child under 16. Too much weight
given to complainant child’s consent. Premeditation
and persistence. See R v Clifford; ex parte A-G (Qld)
[2006] QCA 492 and GAF v QPS [2008] QCA 190.
Andersen v Commissioner of Police [2020] QDC 23 21/20 Sexual assault. Defendant and complainant now
known to each other, early plea of guilty, letter of
apology, no criminal history in past 30 years. See
Braga v Commissioner of Police [2018] QDC 48; R v
Harper [2002] QCA 107; R v Goodman [2016] QCA
56; R v Bradford [2007] QCA 293 and R v SDF [2018]
QCA 316.
Jenkins v Commissioner of Police [2021] QDC 289 96/21 Sexual assault. While the complainant was asleep,
the applicant touched her buttocks, pulled down her
underwear, took photos, and touched her thighs.
Held on appeal that magistrate erred in finding he
had little insight. Actual imprisonment reduced to
suspension after time served.

SENTENCE – SEXUAL OFFENCES – EXCEPTIONAL CIRCUMSTANCES (back to index)

R v GAW [2015] QCA 166 62/15 Meaning of “exceptional circumstances”. See R v
Gallagher; ex parte Attorney-General (Qld) [1999] 1
Qd R 200, R v Pham [1996] QCA 3; R v Quick; ex
parte Attorney-General (Qld) (2006) 166 A Crim R

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588 at 590 [8] and R v Tootell; ex parte Attorney-

General (Qld) [2012] QCA 273. See [53] – [54].
R v BCX [2015] QCA 188 69/15 Meaning of “exceptional circumstances”. See R v
Quick; ex parte Attorney-General (Qld) (2006) 166 A
Crim R 588 and R v Tootell; ex parte Attorney-
General (Qld) [2012] QCA 273. See [29] – [36].
R v Theohares [2016] QCA 51 29/16 Exceptional circumstances, low level offending s
9(4),(5) and (6) of the Penalties and Sentences Act
1992
R v MG [2018] QDC 194 82/18 Exceptional circumstances. See R v Tootell ex parte
Attorney-General [2012] QCA 273. Note: On 7
December 2018 the Court of Appeal upheld an
appeal against this decision reported as R v GBD
[2018] QCA 340

SENTENCE – SEXUAL OFFENCES – INCEST (back to index)

R v AS [2016] QDC 80 48/16 Incest, relationships, validity of charge – adopted
brother and sister. See [21] – [23] by virtue of s28 of
the Adoption of Children Act 1964 the defendant
was in the eyes of the law, the natural brother of
the complainant and the charge was valid.
See R v Stanley (1903) 23 NZLR 378,R v Campbell
[1968] TASSR 38, R v R, WD (2005) 91 SASR 522.

SENTENCE – SEXUAL OFFENCES – SECTION 9(2)(a) (back to index)

Biswa v Queensland Police Service [2016] QDC 16/17 Sexual Assault. Magistrate made no express
333 reference to the requirements of s 9(2)(a) Penalties
and Sentences Act 1992 (imprisonment as a last
resort)

SENTENCE – SEXUAL OFFENCES – SECTION 9(4)(b) (back to index)

R v DNR [2016] QDC 240 97/16 Whether s9(4)(b) Penalties and Sentences Act 1992
has retrospective operation (imprisonment as a last
resort)

SENTENCE – SHIPS (back to index)

Von Stieglitz v Dixon (No 2) [2017] QDC 16 36/17 Failing to have clean-up costs insurance by
shipowner

SENTENCE – STALKING (back to index)

McNicol v Queensland Police Service [2016] QCA 62/16 Stalked female gym instructor
102

SENTENCE – SUSPENDED SENTENCE (back to index)

R v Kendrick [2015] QCA 027 6/15 Activating suspended sentences
Skinner v The Commissioner of Police [2016] QDC 56/16 Probation order with suspended sentence
138
SAE v Commissioner of Police [2017] QDC 254 99/17 Suspended sentence activated cumulatively, totality
Black v The Commissioner of Police [2019] QDC 24/19 Suspended sentence activated cumulatively, totality
14

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Tierney v Commissioner of Police [2020] QDC 4 16/20 Length of restraining order. Definition of “personal
injury”

SENTENCE – TOTALITY (back to index)

George v Queensland Police Service [2015] QDC 34/15 See [47] – [49]: totality principles. Mill v R (1988) 83
163 ALR 1
Spizzirri v Commissioner of Police [2015] QDC 222 57/15 Where the Magistrates Court sentences an offender
previously sentenced by a higher court on other
charges after committing the offence before the
magistrate. Magistrate failed to address
considerations of totality.
CXS v Commissioner of Police [2017] QDC 205 82/17 See [25] and Mill v R (1988) 166 CLR 59. Magistrate
started too high in imposing penalty and erred in
relation to totality.
Moore v Queensland Police Service [2018] QDC 80/18 See R v Williams [1995] QCA 522; Postiglione v The
192 Queen (1997) 189 CLR 295; and R v Hill [2017] QCA
177. Magistrate did not apply totality principle to
the bottom of the sentence imposed to ensure not
crushing.
R v Degn [2021] QCA 33 22/21 Need for just and appropriate sentence that is not
crushing. See [10] – [11]. See also Postiglione v The
Queen (1997) 189 CLR 295 and R v Baker [2011] QCA
104.

SENTENCE – TOTALITY – CUMULATIVE (back to index)

Nielson v Radcliffe (Constable) [2016] QDC 213 81/16 Cumulative disqualification orders. See [37]. See
Santillan v The Queensland Police Service [2008]
QDC 33 in relation to the making of cumulative
disqualification orders and the totality principle.
SAE v Commissioner of Police [2017] QDC 254 99/17 Suspended sentence activated cumulatively, totality
Pearce v The Commissioner of Police [2019] QDC 22/19 Where cumulative sentence imposed. Magistrate
12 reduced the sentence and period spent in custody
prior to parole eligibility to avoid it being a crushing
sentence.
Age v Queensland Police Service [2020] QDC 169 47/20 Section 156A Penalties and Sentences Act 1992.
Application of totality principle when imposing
cumulative sentence.

SENTENCE – TOTALITY – EXISTING SENTENCE (back to index)

Green v Queensland Police Service [2015] QDC 19/16 See [23] – [26]: must take into account any existing
341 sentence so that the total period is adequate and
takes into account the totality of the criminality
Smalley v Commissioner of Police [2016] QDC 322 13/17 Offender serving an existing sentence. See [14]. See
Mill v R [1988] 166 CLR 59: a judicial officer is
required to review the aggregate sentence and
consider whether it is just and appropriate.
PFM v Queensland Police Service [2017] QDC 210 83/17 Totality when offender serving an existing sentence,
contravention of a domestic violence order
Hoger v Commissioner of Police [2018] QDC 145 62/18 See [46]. See R v Hill [2017] QCA 177: combined
effect of an original sentence and a sentence
imposed in relation to a later offence should not
create a “crushing” burden on the defendant.

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Norwood v Queensland Police Service [2018] QDC 70/18 Totality where there is an existing sentence.
170 Sentencing judge must take into account any
existing sentence.

SENTENCE – TOTALITY – FINES (back to index)

Eastwood v The Commissioner of Police [2015] 41/15 Fine reduced to reflect offences of the same nature
QDC 182 committed on the same day.
Waterloo Car Centre Pty Ltd v Commissioner of 64/17 Totality principle applies to fines. See Sgroi v R
Police [2017] QDC 149 (1989) 40 Australian Criminal Reports 197.

SENTENCE – TOTALITY – PAROLE (back to index)

Heydt v The Commissioner of Police [2017] QDC 51/17 Determination as to the parole eligibility date as
104 part of the overall determination of a just sentence
Pearce v The Commissioner of Police [2019] QDC 22/19 Where cumulative sentence imposed. Magistrate
12 reduced the sentence and period spent in custody
prior to parole eligibility to avoid it being a crushing
sentence.

SENTENCE – TOTALITY – PRESENTENCE CUSTODY (back to index)

Komar v Commissioner of Police [2016] QDC 79 45/16 See R v Kendrick [2015] QCA 27. See [10] – [11].
Magistrate did not consider an undeclarable period
of time served.
NVZ v Queensland Police Service [2018] QDC 216 92/18 See [65]. Sentence moderated to take into account
total time spent in custody.
AMD v The Commissioner of Police [2019] QDC 22 31/19 Principle in Mill v The Queen (1988) 166 CLR 59. See
also R v Beattie; Ex parte Attorney-General (2014)
244 A Crim R 177. See [25] and [28]. Take into
account time spent in custody interstate.

SENTENCE – TRESPASS (back to index)

Newell v Weston [2015] QDC 158 30/15 Compliance with s 634 Police Powers and
Responsibilities Act 2000
North v Queensland Police Service [2015] QDC 47/15 Banned from entering a chemist – threatening
207 /harassing behaviour towards employees
Hendrey v Bowdern [2017] QDC 240 96/17 Entered yard of a dwelling
Cleret v Commissioner of Police [2019] QDC 20 29/19 Whether defendant remained on property
EH v QPS; GS v QPS [2020] QDC 205 64/20 Trespass when obstructing a railway

SENTENCE – TRESPASS – PROTEST (back to index)

Avery & Ors v Queensland Police Service [2019] 28/19 Protest at a port
QDC 21
EH v QPS; GS v QPS [2020] QDC 205 64/20 Trespass when obstructing a railway

SENTENCE – UNCHARGED CONDUCT (back to index)

R v BCY [2015] QCA 200 74/15 Taking into account on sentence

SENTENCE – UNLAWFUL USE OF A MOTOR VEHICLE (back to index)

Rongo v Commissioner of Police [2017] QDC 258 101/17 Reliance on circumstance of aggravation
Tobin v The Commissioner of Police [2019] QDC 51/19 Principles concerning regard to be had to the
52 circumstances of an offence but being precluded
from sentencing an offender for an offence as if

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guilty of an circumstance of aggravation, or more

serious offence

SENTENCE – VICTIM IMPACT STATEMENT (back to index)

R v BCY [2015] QCA 200 74/15 Uncharged conduct
R v Smith [2016] QCA 9 10/16 Use in sentencing
Wagstaff v Commissioner of Police [2016] QDC 21/17 Victim impact statement inconsistency with facts
344

SENTENCE – WORKPLACE (back to index)

Williamson v VH & MG Imports Pty Ltd [2017] 44/17 Breach of s 32 of the Work Health and Safety Act
QDC 56 2011
Steward v Mac Plant Pty Ltd and Mac Farms Pty 28/18 Work Health and Safety Act 2011 and the Work
Ltd [2018] QDC 20 Health and Safety Regulation 2011
Guilfoyle v Wild Breads Pty Ltd [2021] QDC 58 31/21 Breach of duty under s19 Work Health and Safety
Act by exposing a worker to a risk of death or serious
injury contrary to s32

SENTENCE – YOUNG ADULTS (back to index)

Tooth v The Commissioner of Police [2021] QDC 3/22 Reminder that all the circumstances of a case,
326 including youthful age and personal circumstances
of a defendant, need to be considered when
imposing a penalty
R v Tilling [2022] QCA 5 7/22 Discusses balancing mitigating circumstances (ie
youth) with aggravating features such as offending
whilst on bail for a domestic violence offence and a
commercial possession of a Schedule 1 drug

SENTENCE – YOUTH JUSTICE ACT (back to index)

Doolan v Commissioner of Police [2014] QChC 9 14/15 See [17]. Imprisonment likely to expose youth to
corrupting influences.
KPC v Queensland Police Service [2017] QChC 12 92/17 Whether s 108B of the Penalties and Sentences Act
1992 applies to a child
R v MG [2018] QDC 194 82/18 See R v Dullroy and Yates [2005] QCA 219 re:
sentencing youthful offenders. Note: On 7
December 2018 the Court of Appeal upheld an
appeal against this decision reported as R v GBD
[2018] QCA 340
R v NMQ [2019] QChC 6 46/19 Proper reflection of criminality, same sentence for
each offence without declaring a global penalty;
special circumstances in relation to release on
detention
MOJ v The Queen [2019] QChC 45 17/20 Consideration of the time spent in detention
GJY v The Queen [2020] QChC 1 17/20 Importance of ensuring a sentence reflects the
criminality of the offending
ARR v The Commissioner of Police [2020] QChC 8 28/20 The penalty to convict and not further punish is not
available under the YJA
R v HCG [2021] QCA 200 94/21 Reminder of the importance of the application of
the sentencing principles in the Youth Justice Act

SENTENCE – YOUTH JUSTICE ACT – COMMITTED ON BAIL (back to index)

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R v S; R v L [2015] QChC 003 4/15 Offence committed on bail, s59A Youth Justice Act
1992

SENTENCE – YOUTH JUSTICE ACT – COMMUNITY SERVICE ORDER (back to index)

R v OPR [2019] QChC 17 5/20 Sentencing magistrate did not enquire as to
willingness to comply community service order: s
194 of the YJA

SENTENCE – YOUTH JUSTICE ACT – DETENTION (back to index)

EW v QPS [2015] QDC 308 105/15 Juvenile offender, detention order, undesirability of
short custodial orders
R v SCR [2017] QCA 60 48/17 Detention for a child – special circumstances 70%
rule, s 227(2) Youth Justice Act 1992
Vaevae v Queensland Police Service [2018] QDC 43/18 Youthful offender, imprisonment as a last resort.
66 Recording a conviction.
R v GBD [2018] QCA 340 13/19 Sentencing as adult or child – Transitional
Regulation. Imprisonment likely to expose a youth
to corrupting influences. See R v Dullroy; Ex parte
Attorney-General (Qld) [2005] QCA 219.
JBZ v The Office of the Director of Public 57/20 Sufficient reasons required when finding a detention
Prosecutions [2020] QChC 23 order the only available sentencing option

SENTENCE – YOUTH JUSTICE ACT – DETENTION – DETERRENCE (back to index)

EKJ v Office of the Director of Public Prosecutions 57/20 General deterrence, imprisonment as a last resort
[2020] QChC 21

SENTENCE – YOUTH JUSTICE ACT – DETENTION – MENTAL DISABILITY (back to index)

R v Neuman (a pseudonym) [2021] QCA 13 29/21 Mental disability as a mitigating factor

SENTENCE – YOUTH JUSTICE ACT – FIRST OFFENCE (back to index)

R v Kelley [2018] QCA 18 24/18 Youthful first offender
R v Hamstra [2020] QCA 185 68/20 See [24] per Sofronoff P re considerations that a
Court should have regard to before deciding to
order a youthful first offender to serve a short
period of actual custody

SENTENCE – YOUTH JUSTICE ACT – INDIGENOUS (back to index)

R v SCU [2017] QCA 198 88/17 Indigenous offender, role of Community Justice
Group
R v JPG [2019] QChC 10 53/19 Sentence discretion miscarried by perceived
prevalence of offending of Aboriginal youths
R v MXD [2019] QChC 12 58/19 Pre-sentence custody, age of the child and views of
the Community Justice Group

SENTENCE – YOUTH JUSTICE ACT – INTENSIVE SUPERVISION ORDER (back to index)

LRM v The Queen [2019] QChC 3 35/19 Conditional Release Order discharged and an
Intensive Supervision Order imposed. Custodial
order held to be excessive where Intensive
Supervision Order not canvassed in presentence
report or with defendant child.

SENTENCE – YOUTH JUSTICE ACT – PARITY (back to index)

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R v MCP [2018] QCA 154 58/18 Parity in sentencing. See Lowe v The Queen (1984)
153 CLR 606. Distinguishing features between
conduct.

SENTENCE – YOUTH JUSTICE ACT – PRESENTENCE CUSTODY (back to index)

R v MKL [2016] QCA 249 104/16 Child, length of a probation order, taking into
account non-declarable pre-sentence custody
R v OCS [2019] QChC 9 52/19 Sentencing Magistrate incorrectly informed as to
amount of pre-sentence custody
MOJ v The Queen [2019] QChC 45 17/20 Consideration of the time spent in detention
R v KRM [2020] QChC 4 26/20 Whether time in pre-sentence detention was
adequately taken into account

SENTENCE – YOUTH JUSTICE ACT – PROBATION (back to index)

R v MKL [2016] QCA 249 104/16 Child, length of a probation order, taking into
account non-declarable pre-sentence custody

SENTENCE – YOUTH JUSTICE ACT – RECORDING CONVICTION (back to index)

R v MKM [2018] QCA 233 83/18 See [22]. Prima facie a conviction should not be
recorded. See R v SCU [2017] QCA 198. See factors
under s184 Youth Justice Act 1992.
MSE v The Office of the Director of Public 57/20 Recording of a conviction is not a mathematical
Prosecutions [2020] QChC 22 exercise. See R v SCU [2017] QCA 198 and R v TAO
[2020] QCA 4.
R v MDD [2021] QCA 235 92/21 Consideration by COA of the principles and exercise
of the discretion to record a conviction under YJA

SENTENCE – YOUTH JUSTICE ACT – RECORDING CONVICTION – EMPLOYMENT (back to index)

EMR v Commissioner of Police [2016] QChC 6 85/16 See R v Cunningham [2014] QCA 88; R v WAJ [2010]
QCA 87; R v Cay, Gersch and Schell; ex parte A-G
(Qld) [2005] QCA 467. See [28] – [37]. Prospects of
rehabilitation and employment would be adversely
affected.
MBD v Commissioner of Police [2016] QChC 8 102/16 See R v WAJ [2010] QCA 87. Uncertainty
surrounding future employment. Magistrate did not
take into account effect on rehabilitation and
employment.

SENTENCE – YOUTH JUSTICE ACT – RECORDING CONVICTION – PERIOD OF OFFENDING (back to index)
R v Michael (a pseudonym) [2021] QCA 140 59/21 Offending occurred over a short period, a recorded
conviction ought not to be recorded in
circumstances

SENTENCE – YOUTH JUSTICE ACT – RECORDING CONVICTION – PREVIOUS OFFENDING (back to index)
R v FDM [2020] QChC 10 30/20 History of like offending. See R v SCU [2017] QCA
198. Considerations in ss183 and 184 Youth Justice
Act.
R v FAY [2020] QCA 154 66/20 Example of a situation where a conviction should
not be recorded even for a serious offence where a
child has previous convictions
R v DBU [2021] QCA 51 40/21 Consequences of recording a conviction, steps
towards rehabilitation taken
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SENTENCE – YOUTH JUSTICE ACT – RECORDING CONVICTION – REHABILITATION (back to index)

IAU v The Queen [2018] QChC 10 86/18 See [15]. Child should be given opportunity to focus
on rehabilitation and reintegration into the
community without the burden of a conviction.
Magistrate did not state reasons for recording a
conviction.
R v DBU [2021] QCA 51 40/21 Consequences of recording a conviction, steps
towards rehabilitation taken

SENTENCE – YOUTH JUSTICE ACT – REHABILITATION (back to index)

Russell v Commissioner of Police [2018] QDC 183 78/18 Youthful offender with limited criminal history and
promising prospects of rehabilitation. See R v Lovi
[2012] QCA 24; R v Mules [2007] QCA 47; and R v
Horne [2005] QCA 218. Mitigation for disclosure of
offence. See AB v The Queen (1999) 198 CLR 111.
R v HBV [2019] QCA 21 25/19 Disadvantaged upbringing; intellectual disabilities;
recent insight and efforts at rehabilitation

SENTENCE – YOUTH JUSTICE ACT – RESTORATIVE JUSTICE (back to index)

R v LN [2018] QChC 027 2/19 Youth Justice, Restorative Justice Orders, enter
premises and commit indictable offence, 14 yrs, no
criminal history
R v AN [2018] QChC 029 4/19 Restorative Justice Orders s 162 of YJ Act
MLN v The Queen [2018] QChC 32 16/19 Requirement to consider restorative justice
R v TWL [2019] QChC 5 45/19 Mandatory consideration of restorative justice and
requirement for the consideration to be noted on
the record
R v PBD [2019] QCA 59 47/19 Unlawful grievous bodily harm; juvenile defendant;
failure to consider restorative justice referral under
s162(2) of the Youth Justice Act
R v RLP [2019] QChC 11 59/19 Requirement to seek child’s willingness to do
probation; method to seek such consent;
requirement to consider restorative justice process
R v BWR [2019] QChC 15 70/19 Requirements to consider factors when declining a
restorative justice order; requirement that a child
indicate willingness to comply with a probation
order that is sought to be imposed
R v ASR [2019] QChC 16 71/19 Failure to consider the offence for a restorative
justice process
R v MBD [2019] QChC 43 17/20 Importance of considering restorative justice
processes; consideration of the time spent in
detention

SENTENCE – YOUTH JUSTICE ACT – SECTION 150 (back to index)

R v GN [2018] QChC 028 3/19 Magistrate did not apply the sentencing principles in
s150 of the Youth Justice Act 1992
R v JPL [2019] QChC 4 44/19 Requirements of s150 of the Youth Justices Act 1992
considered. See R v SCU [2017] QCA 198

SERVICE (back to index)

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Leyden v Venkat [2015] QDC 028 1/15 s 39A(1)(c) Acts Interpretation Act 1954 - adequate
service

STALKING (back to index)

Grott v The Commissioner of Police [2015] QDC 24/15 Constructing fake social media profiles
142
Ralph v Commissioner of Police [2015] QDC 206 50/15 Whether particularised acts amount to stalking
Porter v Queensland Police Service [2016] QDC 17/17 Proof of elements and sentence
335
Tierney v Commissioner of Police [2020] QDC 4 16/20 Conduct proved to be intentionally directed at the
complainant permitted a conclusion that it was a
genuine apprehension which reasonably arose in
the circumstances.

STRANGULATION (back to index)

R v HBZ [2020] QCA 73 18/20 Clarification of the definition of “chokes”

SUSTAINABLE PLANNING ACT 2009 (back to index)

Hill v Holeszko [2017] QDC 35 41/17 Contravening s 578(1) of the Sustainable Planning
Act 2009
McDonald v Holeszko [2018] QDC 204 7/19 Carrying out assessable development without an
effective development permit
Logan City Council v Brookes [2020] QDC 24 72/20 Carrying out assessable development without an
effective development permit
Powe v David Hansen on behalf of Logan City 18/21 Carrying out assessable development without an
Council [2021] QDC 12 effective development permit, failing to comply with
a government approval, failing to comply with an
enforcement notice

TRAFFIC (back to index)

Giffin v The Commissioner of Police [2015] QDC 12/15 Driving with a dealer plate
81
Sheldrick v Commissioner of Police [2015] QDC 23/15 Time served for licence suspension between charge
140 and conviction
Van Der Walt v Winston [2015] QDC 303 99/15 Driving a vehicle that was not unsafe but defective
Lea v Snajdara [2016] QDC 353 26/17 Failure to provide specimen of breath for analysis
Branch v Commissioner of Police [2019] QCA 19 27/19 Unlawful edge filtering

TRAFFIC – DISQUALIFICATION OF LICENCE (back to index)

Walsh v Commissioner of Police [2015] QDC 273 86/15 Removal of absolute disqualification
Cassidy v Gooch [2015] QDC 275 88/15 Matters to be considered on disqualification
Slivo v Commissioner of Police [2016] QDC 46 34/16 Removal of licence disqualification
Hopper v Commissioner of Queensland Police 89/16 Application to remove an absolute disqualification
[2016] QDC 210

TRAFFIC – DRIVING UNDER THE INFLUENCE (back to index)

McCurley v Commissioner of Police [2017] QDC 80 47/17 Being in charge of a motor vehicle
Harvey v Queensland Police Service [2017] QDC 6/18 Whether magistrate should have excluded
310 certificate of analysis
Harvey v Queensland Police Service & Director of 19/19 Discretion to admit BAC certificate where non
Public Prosecutions (Queensland) [2019] QCA 5 compliance

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Scarce v The Commissioner of Police [2021] QDC 90/21 Statutory penalty is a relevant factor in fixing the
246 appropriate penalty

TRAFFIC – DRIVING WITHOUT DUE CARE AND ATTENTION (back to index)

Brown v Commissioner of Police [2015] QDC 227 61/15 Collision with vehicle while overtaking at high speed
Cogliati v Queensland Police Commissioner [2019] 30/19 Inadvertently hit police car. 15 prior speeding
QDC 24 convictions
De Silva v Commissioner of Police [2020] QDC 241 1/21 Meaning of “due care and attention”

TRAFFIC – FAIL TO GIVE WAY (back to index)

Koelbel v Commissioner of Police [2015] QDC 290 91/15 Collision while changing lanes
Peauril v Commissioner of Police [2018] QDC 136 60/18 Intersection with a give-way sign
Storry v Commissioner of Police [2017] QDC 282 2/18 Intersection with a stop sign
Storry v Commissioner of Police [2018] QCA 291 91/18 Intersection with a stop sign
Gregory v The Commissioner of Police [2019] QDC 38/19 Fail to give way to a bicycle rider – failed to stop at
36 the scene of the crash

TRAFFIC – FAIL TO STOP (back to index)

Williams v Commissioner of Police [2015] QDC 19/15 Whether stopped vehicle as soon as reasonably
134 practicable
Prince v Queensland Police Service [2015] QDC 46/15 Fail to stop at red light. Raised emergency and
187 mistake defences
Buckley v Queensland Police Service [2016] QDC 11/17 Whether Briginshaw v Briginshaw applies to a
323 defence in s 756(4) Police Powers and
Responsibilities Act 2000
Davies v Commissioner of Police [2018] QDC 201 88/18 s 756(4) Police Powers and Responsibilities Act 2000
defence
Stancombe (No 2) v Commissioner of Police 54/20 Fail to stop at yellow light
[2020] QDC 173

TRAFFIC – FAIL TO STOP – INTENT (back to index)

Cronin v Commissioner of Police [2016] QDC 63 39/16 See [13]: if “in failing to stop the driver took action
to avoid being intercepted, then the failure to stop
as soon as reasonably practicable in circumstances
in which a reasonable person would stop, would be
made out”

TRAFFIC – DISOBEYING THE SPEED LIMIT (back to index)

Brown v Commissioner of Police [2015] QDC 227 61/15 Collision with vehicle while overtaking at high speed
on motorcycle
Queensland Police Service v Messer [2016] QDC 83/16 Whether defendant was driver. Direct evidence to
214 link the infringement notice and the alleged offence.
Ring v Commissioner of Police [2019] QDC 32 37/19 Admissibility of staged video and traffic experts
report
Boulas v The Commissioner of Police [2020] QDC 45/20 Exceed limit more than 40km/hr. Practical
162 application of s 121A TORUM.
Hartwig v Commissioner of Police [2021] QDC 56 28/21 123km/hr in a 110km/hr zone. Defendant requested
copy of device manufacturer manual

TRAFFIC – DISOBEYING THE SPEED LIMIT – DELEGATION (back to index)

Embelton v Scrivener [2017] QDC 5 34/17 Whether delegation validly delegated power to
certify exhibits
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TRAFFIC – DISOBEYING THE SPEED LIMIT – DEVICES (back to index)

Attorney-General for the State of Queensland v 32/15 Photo detection, validity of s 114 of the Transport
Morris & Anor [2015] QCA 112 Operations (Road Use Management) Act 1995
Al Shakarji v The Commissioner of Police [2015] 43/15 Radar device
QDC 176
Cooper v Commissioner of Police [2017] QDC 214 86/17 Speed camera Vitronic Poliscan model FM1,
Adequacy of notice to challenge
Neucom v Commissioner of Police [2017] QDC 1/18 Laser based detection device
244

TRAFFIC – DISOBEYING THE SPEED LIMIT – DEVICES – LIDAR (back to index)

Prus-Butwilowicz v Winston [2016] QDC 232 93/16 Operation of LIDAR device

TRAFFIC – DISOBEYING THE SPEED LIMIT – DEVICES – TRUCAM (back to index)

Crossman v The Commissioner of Police [2015] 82/15 Accuracy of TruCam speed camera system
QDC 265
Rotar v Commissioner of Police [2018] QDC 209 1/19 TruCAM laser speed detection device. Whether
properly calibrated.

TRAFFIC – DISOBEYING THE SPEED LIMIT – EVIDENCE (back to index)

Crossman v Queensland Police Service [2019] 2/20 Effect of sections 124(1) and 124(4) and (5) of the
QDC 132 TORUM
Crossman v Queensland Police Service [2020] 37/20 Speed detection device calibration: s 120(2A) of the
QDC 122 TORUM and s 210F of the Regulation

TRAFFIC – DISOBEYING THE SPEED LIMIT – INTENTION (back to index)

Queensland Police Service v Morris [2016] QMC 5 63/16 s 23 Criminal Code Act 1899 defence raised – held
not to be available as a defence where not the
driver. See [15].

TRAFFIC – DISOBEYING THE SPEED LIMIT – SERVICE (back to index)

Da Costa v Commissioner of Police [2016] QDC 38 31/16 s 19(3) State Penalties Enforcement Act 1999 In the
absence of evidence that the defendant had been
served with a copy of the declaration the
prosecution must fail.

TRAFFIC – FAIL TO KEEP LEFT OF A DIVIDING LINE (back to index)

Mizikovsky v QPS [2018] QDC 249 11/19 Motorcycle. Magistrate engaged in cross-
examination. See See Yuill v Yuill [1945] P 15 and
Jones v National Coal Board [1957] 2 QB 55. Section
24 not considered by the Magistrate.
Mizikovsky v Commissioner of Police [2021] QCA 21/21 Exception under section 139(2) places the burden
22 on the defendant to prove existence of exception.
See Vines v Djordjevitch (1955) 91 CLR 512. Note:
appeal following remitting original appeal (11/19)
to Magistrates Court
Hamilton v Queensland Police Service [2021] QDC 41/21 Defendant claimed lack of memory, not supported
60 by medical evidence

TRAFFIC – HELMETS (back to index)

Reid v Queensland Police Service [2020] QDC 340 17/21 Riding a bicycle without an approved safety helmet
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TRAFFIC – IMPOUNDED VEHICLE (back to index)

Commissioner of the Queensland Police Service v 68/15 Jurisdiction to order return of impounded vehicle.
Gough [2015] QDC 254 Differences between impoundment, forfeiture and
immobilisation.

TRAFFIC – INTERSTATE HISTORY (back to index)

Elliott v Queensland Police Service [2015] QDC 90 11/15 Interstate history outside of the preceding 5 year
period. No previous Queensland traffic history.

TRAFFIC – UNLICENSED DRIVING (back to index)

Austin v Commissioner of Police [2018] QDC 41 36/18 Holder of interstate licence: meaning of reside
Austin v Commissioner of Police [2017] QDC 159 66/17 Repeat unlicensed driver, whether interstate licence
authorised driving, whether resident of Qld
Parr v Department of Transport and Main Roads 40/20 Special hardship order, stay of suspension
[2020] QDC 153
Edwards v Commissioner of Police [2021] QDC 65/21 Relevant consideration of community protection in
194 sentencing for the offence of unlicensed driving
Bel-Gttiba v Commissioner of Police [2021] QDC 64/21 Summary of the operation of s. 123C of the
155 Transport Operations (Road Use Management) Act
1995.

UNLAWFUL USE OF MOTOR VEHICLE (back to index)

Malayta v Queensland Police Service [2018] QDC 31/18 Elements of the offence, whether proof of a mental
37 element required

UNLICENSED BUILDING WORK (back to index)

Mar v Queensland Building & Construction 13/18 Unlicensed building work
Commission [2017] QDC 304

WEAPONS (back to index)

Rule v Commissioner of Police [2016] QDC 64 40/16 Whether circumstance of aggravation must be
pleaded in charge
Banks v Commissioner of Police [2018] QDC 232 5/19 Unlawful possession of a prohibited weapon
(whether a fishing knife is a weapon)
Commissioner of Police v Broederlow [2020] QCA 38/20 Imposition of mandatory minimum penalties for
161 possession of weapons

WEAPONS – FOREITURE (back to index)

Fraser v The Commissioner of Police [2017] QDC 55/17 Forfeiture of weapons and ammunition
116

WEAPONS – RECORDING A CONVICTION (back to index)

Opitz v Commissioner of Police [2015] QDC 293 93/15 Recording a conviction
Glenn Jon Williams v Queensland Police Service 24/20 Recording of a conviction
[2019] QDC 275

WILFUL DAMAGE (back to index)

Paul Olaf Grajewski v Director of Public 34/19 Requires alteration to the physical integrity of the
Prosecutions (NSW) [2019] HCA 8 property, even if only temporarily

WILFUL EXPOSURE (back to index)

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Winston v QPS [2015] QDC 306 103/15 “wilful” and “reasonable excuse”

WORKCOVER (back to index)

McLean v Workers’ Compensation Regulator 20/21 Defrauding or attempting to defraud WorkCover
[2021] QDC 22
Walia v The Workers Compensation Regulator 89/21 Defrauding or attempting to defraud workers’
[2021] QDC 235 compensation

WORKPLACE (back to index)

Morley v QBCC [2017] QDC 95 50/17 Breaches of the Queensland Building and
Construction Commission Act 1991
Reynolds v Orora Packaging Australia Pty Ltd 36/19 Fail to consult workers about a matter: Work, Health
[2019] QDC 31 and Safety Act 2011 s47(1)
Connors v Wilmar Sugar Pty Ltd [2019] QDC 73 57/19 Prosecution appeal against the dismissal of a
complaint: Work, Health and Safety Act 2011
Guilfoyle v J Hutchinson Pty Ltd [2021] QDC 221 70/21 Amendment of a complaint: Work, Health and Safety
Act 2011

YOUTH JUSTICE (back to index)

WTM v Commissioner of Police [2019] QChC 2 26/19 Arrest, section 13 of the Youth Justice Act

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