In the case SBE v Commissioner of Police [2024] QDC 168, the District Court of Queensland allowed the appeal against the sentence imposed by the Magistrates Court at Richlands. The appellant, SBE, had pleaded guilty to driving over the middle alcohol limit but not the high limit, for which they were initially fined $1,500, disqualified from driving for six months, and had a conviction recorded. SBE's appeal argued that this sentence was manifestly excessive. The District Court agreed, noting deficiencies in the Magistrate's reasoning, especially regarding the disqualification period and recording of a conviction without adequately considering the appellant's personal circumstances and mitigating factors. Consequently, the District Court adjusted the sentencing to a $600 fine, a three-month driving disqualification, and no recorded conviction. The respondent was also ordered to pay the appellant’s costs of $1,800.
Full text: https://www.sclqld.org.au/caselaw/150240