Brooks v Harris [2012] QDC 271

[2012] QDC 271 DISTRICT COURT APPELLATE JURISDICTION JUDGE BAULCH SC No 49 of 2012 JACKSON BROOKS Appellant and T D HARRIS Respondent TOWNSVILLE ..DATE 12/06/2012 JUDGMENT -- 1 of 3 -- HIS HONOUR: The appellant pleaded guilty to assault occasioning bodily harm in the Townsville Magistrates Court on the 14th of February this year and was sentenced to nine months' imprisonment to be suspended after serving three months with an operational period of 12 months. There are four grounds of appeal. The first asserts that the Magistrate failed to give a sufficient indication that he proposed to consider a sentence of imprisonment. I think he did give an indication of that. What he didn't give was an indication that he proposed to make findings on the basis of a statement that had been passed about but not tendered in evidence in which it was asserted that the appellant may have kicked his victim. It seems to me to be clear beyond doubt that if the Magistrate thought that that was an appropriate finding he should have invited submissions in relation to that and should certainly have given the appellant an opportunity to dispute that finding. The appellant and the respondent are agreed that the hearing before the Magistrate miscarried for that reason and it is in my view an appropriate concession made on behalf of the respondent. I would allow the appeal and remit the matter to the Magistrates Court to be dealt with according to law. The matter should be listed in the Magistrates Court before a Magistrate other than the one who dealt with it on the 14th of -- 2 of 3 -- February 2012. Is there any other order required? MR HIBBLE: Your Honour, Mr Brooks has attended because his bail required him to attend. I'd simply ask that your Honour allow his bail to be extended to appear in the Townsville Magistrates Court at a date to be fixed. HIS HONOUR: Yes. Well, the bail of the appellant will be enlarged pending his appearance in the Magistrates Court. ----- -- 3 of 3 --