Aramoana v The Commissioner of Queensland Police Service
[2021] QDC 19
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- Unreported Judgment
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DISTRICT COURT OF QUEENSLAND
CITATION: | Aramoana v The Commissioner of Queensland Police Service [2021] QDC 19 |
PARTIES: | DARYL GRANT ARAMOANA (Appellant) v THE COMMISSIONER OF QUEENSLAND POLICE SERVICE (Respondent) |
FILE NO/S: | 2429 of 20 |
DIVISION: | Appellate |
PROCEEDING: | Appeal pursuant to section 222 Justices Act 1866 |
ORIGINATING COURT: | Magistrates Court of Queensland |
DELIVERED ON: | 12 February 2021, ex tempore |
DELIVERED AT: | Brisbane |
HEARING DATE: | 4, 12 February 2021 |
JUDGE: | Loury QC DCJ |
ORDER: |
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LEGISLATION: | Crimes Act 1914 s 20 Criminal Code Act 1899 ss 398, 408A, 421 Drugs Misuse Act 1986 ss 9, 10 Health (Drugs and Poisons) Regulation 1996 s 204 Magistrates Courts Act 1921 ss 14, 14A House v The King (1936) 55 CLR 499 McDonald v Queensland Police Service [2018] 2 Qd R 612 Robinson Helicopter Co Inc v McDermott [2016] HCA 22; (2016) 90 ALJR 679 |
COUNSEL: | J Feely for the appellant K McFarlane for the respondent |
SOLICITORS: | KLM Solicitors for the appellant Office of the Director of Public Prosecutions for the respondent |
- [1]The appellant pleaded guilty to 10 offences in the Magistrates Court at Wynnum on 21 August 2020. They were: two counts of enter premises and stealing; two counts of entering premises with intent to commit an indictable offence; one count of unlawfully using a motor vehicle; two counts of stealing from a locked receptacle; one count of possessing a dangerous drug; one count of possession of a restricted drug and one count of failing to take reasonable care and precaution in respect of a needle. He was sentenced that same day to a “global sentence” of two months imprisonment following which he was to be released on probation for a period of 18 months subject to conditions that he firstly, submit to such medical, psychiatric or psychological assessment and treatment as directed by the probation officer and secondly, that he submit to urinalysis testing and participate in therapeutic intervention to address illicit drug use as required by the probation officer.
- [2]In relation to the two offences of stealing from a locked receptacle the learned Magistrate was led into error, by the prosecutor informing him that those offences were laid under the Commonwealth Criminal Code. Accordingly he was sentenced to a recognisance pursuant to s 20 (1)(a) of the Crimes Act 1914 in the sum of $2000 to be of good behaviour for a period of 18 months.
The appeal
- [3]The appellant appeals pursuant to s 222 of the Justices Act 1886. Such an appeal is by way of rehearing on the evidence below, that is, a review of the record of proceedings below rather than a fresh hearing, together with any new evidence that I allow to be admitted. I am required to conduct a real review of the evidence and the learned Magistrate’s decision and make my own determination giving due deference and placing a good deal of weight on the Magistrate’s view.[1] In order to succeed on such an appeal