Conradie v Police [2009] QDC 152

1-1 [2009] QDC 152 DISTRICT COURT APPELLATE JURISDICTION JUDGE KOPPENOL No 14 of 2007 ERICH HEIN CONRADIE Appellant/Defendant and POLICE Respondent/Plaintiff IPSWICH ..DATE 29/05/2009 JUDGMENT -- 1 of 3 -- 1-2 JUDGMENT 1 10 20 30 40 50 60 HIS HONOUR: All right. After hearing the parties’ submissions, my orders are: 1. The sentence of imprisonment imposed by the learned Magistrate on 17 February 2009 be set aside. 2. The defendant be fined the sum of $1,000, which is to be paid within 28 days; in default, the Registrar is to refer the matter to the State Penalties Enforcement Registry. 3. The Respondent is to pay the applicant's costs under schedule 2 of the Justices Regulation. MR SHEARER: It totals $2,100, your Honour. HIS HONOUR: Do you have any submissions on the quantum, Ms Christopherson? MS CHRISTOPHERSON: Your Honour, I haven't had a - I haven't had an opportunity to review the schedule, to check that amount. MR SHEARER: The - what the schedule provides----- MS CHRISTOPHERSON: But I'd be in the Court's hands. MR SHEARER: I can - I can tell your Honour, it's - the schedule provides $1,500 for a costs of a hearing on a complaint, raised by 20 percent when it's an appeal before a Judge. So $1,800 for the Hearing, and one complaint - any other appearance $250, raised by 20 percent when the appearance is before a Judge on appeal for $300. HIS HONOUR: Ms Christopherson? MS CHRISTOPHERSON: Well that would be correct then, your Honour. HIS HONOUR: In the sum of $2,200? MR SHEARER: $2,100. HIS HONOUR: $2,100. MR SHEARER: Yes. Thank you, your Honour. -- 2 of 3 -- 1-3 JUDGMENT 1 10 20 30 40 50 60 HIS HONOUR: In the sum of $2,100. Thank you. Good morning. ----- -- 3 of 3 --