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  • Unreported Judgment

The Queen v Colin Bernard Liggins

 

[1981] CCA 59

IN THE COURT OF CRIMINAL APPEAL

C.A. No. 41 of 1981

BEFORE:

Mr. Justice Lucas S.P.J.

Mr. Justice D.M. Campbell

Mr. Justice Connolly

BRISBANE, 11 JUNE 1981

(Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Chief Court Reporter, Court Reporting Bureau.)

-----

THE QUEEN

v.

COLIN BERNARD LIGGINS

(Applicant)

ORDER

MR. JUSTICE LUCAS: This applicant was convicted on 23 February 1981 of two charges under the Health Act, one of possession of a dangerous drug, which in fact was cannabis, and the other was also a charge of possession of Indian hemp. He was fined $400 on one charge and $100 on the other charge, and in each case time to pay was refused.

This Court has already drawn attention, in the Queen v. Cameron (1978) Qld. Reports, p. 118, to the undesirability of a magistrate refusing time to pay in circumstances such as these, since it amounts to the imposition of a prison sentence. As it happens, the same magistrate who was concerned in the Queen v. Cameron was concerned in this case.

Without going into the facts of the matter I would set aside that part of the magistrate's order in each case that refuses time to pay and in lieu thereof I would order that in each case the applicant should be allowed three months from today to pay the fines.

MR. JUSTICE D.M. CAMPBELL: I agree. I express the hope that this is the last case of this sort we receive from this magistrate.

MR. JUSTICE CONNOLLY: I agree.

MR. JUSTICE LUCAS: That will be the order of the Court.

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Editorial Notes

  • Published Case Name:

    The Queen v Colin Bernard Liggins

  • Shortened Case Name:

    The Queen v Colin Bernard Liggins

  • MNC:

    [1981] CCA 59

  • Court:

    QSC

  • Judge(s):

    Mr. Justice Lucas S.P.J., Mr. Justice D.M. Campbell and Mr. Justice Connolly

  • Date:

    11 Jun 1981

Litigation History

No Litigation History

Appeal Status

No Status