Case Note QLD – Adcock v QPS [2021] QDC 116

Murray Torcetti Lawyers are criminal lawyers in Caboolture & Brisbane. We write our own case notes from recent criminal decisions because you never know when a new case will assist your clients or better equip you in practice. If you took something away from the below, we’d appreciate the dopamine fix, hit the like or share button!

Facts:  A head sentence of 9 months, with parole release after 3 months imposed for serious assault police officer and 14 other offences with lesser sentences. The serious assault occurred as the defendant was being taken to a holding cell after being arrested for public intoxication and misbehaving in a shopping centre. When being taken to the cell, the applicant kicked out with her right foot and stuck the officers “groin area” causing “immediate pain”.

The appellant has a significant and relevant criminal history with offences of violence and assault/obstructing police officers and police property over the past 16 years. The appeal judge accepted her background was “challenging which included being in multiple domestic violence relationships, substance abuse and homelessness”

11 months had lapsed between the date of the most recent offence and the sentence, at first instance defence sought to rely on this period of time as evidence of rehabilitation.

1. The sentence imposed was manifestly excessive; and
2. The totality of the offending did not reflect the head sentence.

Finding:

The court conducted a review of the cases for serious assault and found that as the defendant had a relevant history and was sentenced with 14 other offences including an additional serious assault the sentence reflected the balancing of considerations and was within range, the head sentence imposed for the serious assault with the 14 other charges did not breach the totality principle.

Notes for practice:

1. Serious assault sentencing case where the defendant has a relevant history, but the injury caused does not appear long lasting.

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