Appleton v The Commissioner of Police [2004] QDC 465

DISTRICT COURT OF QUEENSLAND CITATION: Appleton v The Commissioner of Police [2004] QDC 465 PARTIES: JOHN ALAN APPLETON Appellant v THE COMMISSIONER OF POLICE Respondent FILE NO: 15 of 2002 DIVISION: Civil PROCEEDING: Appeal ORIGINATING COURT: District Court, Ipswich DELIVERED ON: 15 November 2004 DELIVERED AT: Ipswich HEARING DATE: 15 October 2004 JUDGE: Richards DCJ ORDER: Appeal dismissed CATCHWORDS: Disqualified driving – on parole at the time – appropriate sentence COUNSEL: Mr Lehane for the respondent Mr Kissick withdrew on behalf of the appellant SOLICITORS: DPP for the respondent Walker Pender withdrew on behalf of the appellant [1] On 1 October 2002 John Appleton was convicted in the Ipswich Magistrates Court of disqualified driving, driving a vehicle that was unregistered and uninsured and was unlawfully obtaining registration plates. He then failed to supply his correct name and address to the police and was charged. [2] At the time of the sentence he was on parole for a District Court matter and was currently in custody. He was sentenced to three months imprisonment which was ordered to be served cumulatively to that District Court sentence. -- 1 of 3 -- 2 FACTS [3] At 4.20 am on 20 July 2002 the police attended at Michael Street, Carole Park where they located the appellant in a motor vehicle on the roadway. Initially he gave police a false name, however, subsequently he told the police his correct name and details. [4] He had been disqualified previously in 1996 and 1997. As at 22 December 1999 he could have applied to obtain his licence back. He did not do so. [5] It was submitted on sentence that he was driving on the evening because he had to take his pregnant partner to hospital as she was experiencing difficulties. He travelled about three houses down the street in total. He did attempt to avoid detection. He pleaded guilty to the offences. It was submitted that the sentence was manifestly excessive and that the sentence should have been a wholly suspended term of imprisonment or a fine. [6] At the hearing of this appeal the appellant did not attend court and did not instruct solicitors to proceed with the appeal so the appeal was heard in his absence. [7] A significant factor in this matter is that the appellant has now served the three month sentence and this may be why he was uninterested in appearing at the appeal. [8] The appellant committed the offence whilst on parole. There is a need for general deterrence of the offence of driving whilst disqualified. This was not the only offence of which he was convicted on the day in question. In those circumstances, whilst it may be a high sentence, it cannot be said in my view that the sentence was manifestly excessive. -- 2 of 3 -- 3 ORDER The appeal is dismissed -- 3 of 3 --