In SGT v Queensland Police Service [2024] QDC 191, the appellant, SGT, appealed against a sentence imposed by the Magistrates Court at Richlands for a charge of driving under the influence of liquor. Initially fined $2000 and disqualified from driving for 15 months with a conviction recorded, SGT contended the sentence was manifestly excessive. The respondent, the Commissioner of Police, conceded that the original sentence did indeed exceed appropriate legal bounds due to an error in applying statutory criteria. Consequently, the District Court set aside the original sentence, imposing a new fine of $1200, an 8-month disqualification from holding a driver’s license, and no conviction recorded. Additionally, the court ordered the respondent to pay SGT’s appeal costs of $1800, recognizing the procedural errors that led to the initial excessive sentencing.
Full text: https://www.sclqld.org.au/caselaw/150508