In Timms v Chief Executive, Queensland Corrective Services [2024] QDC 83, the District Court of Queensland, presided over by Farr SC DCJ, considered an appeal under section 222 of the Justices Act 1886. The appellant, Andrew Timms, was initially sentenced for contravening a probation order, receiving two months' imprisonment, wholly suspended for 12 months. The imposed sentence was challenged on the grounds that it was outside the jurisdiction and unlawful, as the maximum penalty for breaching a community-based order was a fine of 10 penalty units. The Magistrate's misunderstanding of this submission led to the imposition of an improper sentence. Recognising the appellant’s good engagement with the probation program since the initial sentencing, the District Court allowed the appeal, set aside the original sentence, and re-sentenced the appellant to a $500 fine, payable within 28 days. In default of payment, the matter would be referred to the State Penalties Enforcement Registry.
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