Commissioner of Police v Broederlow

(2020) 5 QR 296; [2020] QCA 161

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Mandatory minimum sentences
4. › Weapons offences
5. › Unlawful possession of short firearm in public place
6. › Whether mandatory minimum penalty of imprisonment excludes probation
7. › Weapons Act 1990 (Qld), s 50(1)(d)(iii)
1. Statutory Interpretation
2. › Construction of penalty provisions
3. › Mandatory minimum penalties
4. › Whether words 'served wholly in a corrective services facility' exclude non-custodial sentences
5. › Acts Interpretation Act 1954 (Qld), ss 14A, 14B, 41
1. Criminal Law
2. › Appeal and new trial
3. › Crown appeal against sentence
4. › Residual discretion
5. › Whether residual discretion to decline to resentence available where statute mandates minimum sentence
1. Appeal
2. › Leave to appeal
3. › District Court of Queensland Act 1967 (Qld), s 118(3)
4. › Whether failure of Crown to challenge prior similar sentences is a basis to refuse leave

Quick Take

Section 50(1)(d)(iii) of the Weapons Act 1990 (Qld) mandates a minimum penalty of one year's imprisonment served wholly in a corrective services facility for unlawful possession of a short firearm in a public place, and this mandatory minimum excludes probation and all other non-custodial sentencing options. The appellate court's residual discretion to decline to resentence on a Crown appeal (recognised in Green v The Queen) does not arise where the statute mandates a minimum sentence, because the terms of the statute exclude any such discretion. The decision in Commissioner of Police Service v Spencer concerning s 754 of the Police Powers and Responsibilities Act 2000 (Qld) is distinguishable and does not apply to the Weapons Act provisions.