Chapman v Pascoe [2008] QDC 145

1 [2008] QDC 145 DISTRICT COURT APPELLATE JURISDICTION JUDGE EVERSON No 3579 of 2007 CARL CHAPMAN Appellant and JOSHUA LUKE PASCOE Respondent BRISBANE ..DATE 06/05/2008 ORDER -- 1 of 2 -- 06052008 D.1 T(1)13/EMT(BNE) M/T BRIS26 (Everson DCJ) 2 ORDER 1 10 20 30 40 50 60 HIS HONOUR: In the matter of Carl Gary Chapman and Joshua Luke Pascoe, which is an appeal pursuant to section 222 of the Justices Act 1886, Carl Gary Chapman appeals against a penalty imposed upon him on 19 November 2007 in the Caboolture Magistrates Court when he was convicted on his plea of guilty to a charge of committing a public nuisance contrary to section 6 of the Summary Offences Act 2005. He was sentenced to 40 hours community service and a 12 month probation order. Mr Chapman brings this appeal representing himself. He has not appeared on the hearing of the appeal today. Having regard to the matters set out in the Court file and the matters referred to in the submissions on behalf of the respondent, I dismiss the appeal. In particular, I'm of the view that, given the violent criminal history of Mr Chapman which includes a number of convictions for offences of violence and the version of events upon which he was convicted which involved him acting in a violent way and threatening other people including police officers, the sentence imposed upon him cannot be said to be manifestly excessive. ... HIS HONOUR: The appeal is dismissed. ----- -- 2 of 2 --