In the case of Terry v Commissioner of Police [2024] QDC 186, the District Court of Queensland reviewed an appeal by Justin Anthony Byrne Terry against a conviction for obstructing a police officer. Initially sentenced to a $1,000 recognisance and $500 compensation with a conviction recorded, Terry contested the recording of the conviction as excessive, arguing procedural errors. The Magistrate failed to provide reasoning for the conviction, contravening the natural justice principle by not inviting submissions on it. The appellate court granted Terry leave to present new evidence showing the adverse personal and professional impacts of having a conviction recorded. Upon reassessment, the court found the original offence to be of low gravity and decided that no conviction should be recorded, thus maintaining the recognisance and compensation without the conviction.
Full text: https://www.sclqld.org.au/caselaw/149960