In Suttie v Commissioner of Police [2024] QDC 185, the appellant, Niel James Suttie, successfully contested sentences imposed by the Magistrates Court at Normanton for offences committed in 1991 when he was 17 years old. These included wilful damage, unlawful use of a motor vehicle, stealing, and dangerous operation of a motor vehicle. Initially sentenced to 15 months imprisonment with a parole release after 5 months, Suttie argued this sentencing did not account for his youthful age, lack of criminal history, and cooperation with authorities. The District Court found the Magistrate erred by imposing a sentence exceeding the statutory maximum and failing to apply the parity principle, given the co-offender received probation. Consequently, the appeals were granted, and Suttie was resentenced to time served for the dangerous operation of a vehicle and convicted without further punishment for other charges. The driver's license disqualification was adjusted to six months, and his parole release was set for the appeal date.
Full text: https://www.sclqld.org.au/caselaw/149963