Dillewaard v Queensland Police Service [2012] QDC 163

QDC [2012] 163 DISTRICT COURT APPELLATE JURISDICTION JUDGE ROBERTSON No 16 of 2011 ROBERT PETER DILLEWAARD Appellant and QUEENSLAND POLICE SERVICE Respondent MAROOCHYDORE ..DATE 08/05/2012 ORDER -- 1 of 3 -- 1-2 ORDER 1 10 20 30 40 50 60 HIS HONOUR: Mr Dillewaard, because I’m reviewing the sentences imposed by the Magistrate, it's necessary for me to re-sentence you. The reasons for that will become apparent when you read the reasons, and it's necessary for me to explain some things to you. The effect of the sentence will be that you'll be sentenced to six months but the sentence will be suspended today, so you won't have to serve any time in prison. So, in relation to charges 4 and 9, on each, you're sentenced to two months' imprisonment. In relation to charges 5, 6 and 18, on each, you're sentenced to one month imprisonment. In relation to charges 13, 14, 15 and 19, on each, you're sentenced to four months' imprisonment and in relation to charge 21, you're sentenced to six months' imprisonment. All sentences, if they are ever served, will be served concurrently and all will be suspended from today's date for an operational period of 12 months. What that means is that you must not commit another offence punishable by imprisonment within the next 12 months. If you do, obviously, you'll be dealt with for that or those offences and you may breach this suspended sentence. I'm sure that won't happen but you understand that? APPELLANT: Yeah, thank you. HIS HONOUR: And my reasons for dismissing the appeal against -- 2 of 3 -- 1-3 ORDER 1 10 20 30 40 50 60 conviction and allowing the appeal against the sentence are in the reasons which I now publish. Thank you, Mr Dillewaard. Should I make that declaration? MR COURTNEY: Yes. HIS HONOUR: Have you got the dates? MR COURTNEY: I----- HIS HONOUR: Look, I can do it, if you both send me a----- MR COURTNEY: Thank you. HIS HONOUR: -----note. MR COURTNEY: I can have them within minutes. I suspect I do have them just in an accessible form. HIS HONOUR: If you make sure, I don't forget towards the end of the day. It's not necessary for Mr Dillewaard to remain but----- MR COURTNEY: Thank you. HIS HONOUR: -----there's some copies. He might like to take a copy of the judgment. He may not like to read it again but there you go. ----- -- 3 of 3 --