Ferrus v Queensland Police Service

[2006] QCA 57

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Criminal appeal from District Court to Court of Appeal
4. › Whether leave should be granted
5. › No error of law identified
6. › No reasonable prospect of success
7. › District Court of Queensland Act 1967 (Qld), s 118
1. Criminal Law
2. › Sentencing
3. › Recording of conviction
4. › Discretion under s 12 Penalties and Sentences Act 1992 (Qld)
5. › Whether recording of conviction excessive
6. › Prior dishonesty offence
7. › Mandatory recording upon imprisonment under s 152 Penalties and Sentences Act 1992 (Qld)

Quick Take

The recording of a conviction is mandatory under s 152 of the Penalties and Sentences Act 1992 (Qld) when a term of imprisonment is imposed, and the leave requirement under s 118 of the District Court of Queensland Act 1967 serves as a filter against unmeritorious appeals where two hearings have already occurred.