Bickerton v Moulds
[2001] QDC 312
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- Bickerton v Moulds[2001] QDC 312
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Bickerton v Moulds[2001] QDC 312
Bickerton v Moulds[2001] QDC 312
DISTRICT COURT | Appeal No |
APPELLATE JURISDICTION
JUDGE ROBERTSON
MATTHEW JOHN BICKERTON | Appellant |
and
LINDA MICHELLE MOULDS | Respondent |
MOUNT ISA
DATE 31/10/2001
JUDGMENT
HIS HONOUR: This is an appeal by Matthew James Bickerton. On 8 June 2001 he appeared in the Mount Isa Magistrates Court and pleaded guilty to one count of breach of the Bail Act, which was constituted by his failing to appear as required on 7 March 2001. He pleaded guilty to the offence and was represented before the Magistrate by Ms Trezise.
The submissions before the Magistrate were to the effect that he was 18 years of age, and although he had some criminal history, he had no prior convictions for failure to appear. Ms Trezise told the Magistrate that in her view the appellant needed to be assessed by a psychologist, and she placed material before the Magistrate to suggest that he was having some psychological difficulties.
The Magistrate correctly noted that the charges which were before the Cloncurry Magistrates Court were serious. However, in my opinion, his Worship did not give sufficient weight to section 9(2)(a) of the Penalties and Sentences Act in imposing a term of imprisonment wholly suspended for two years for his first breach of the Bail Act.
The Crown, represented by Mr Greggery on the appeal, properly concedes that a fine would have been sufficient to meet the requirements of the Act.
In those circumstances, the appeal is allowed. I set aside the orders made by the Magistrate, and in lieu I will order that the appellant be fined the sum of $150, to be paid on or before 31 December 2001, in default seven days' imprisonment.