District Court

Hay v Commissioner of Police [2016] QDC 358 (16/11) Dearden DCJ 2 December 2016 (delivered ex tempore)

Full-text: QDC16-358.pdf


CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where defendant was charged with driving a motor vehicle while a relevant drug was presented in his blood or saliva – where the defendant was fined eight hundred dollars – where the defendant was disqualified from driving for nine months – where no evidence was presented about the effect of the drug on the defendant’s driving ability – where the defendant has previous convictions for drink driving – whether the learned magistrate fell into error - whether the disqualification period was manifestly excessive – whether counsel is entitled to make submissions on penalty range