QLD Called Ambulance when Drunk and Allegedly Abused Queensland Police

[Sue C]

Called ambulance while intoxicated. Queensland police were called to break into my house and apparently I was abusive. Four days later I was given a Notice to Appear for public nuisance and obstructing police. I don't remember anything.

The police said it was only a summary offence but because I have done it before due to my depression they decided it was in my best interests to proceed with the charges. I don't have any money to pay a fine.

What is the likely outcome?

 

[Tracy B]

Hi Sue C,

Your likely sentence/penalty will depend on a number of factors, much of it depending on your individual circumstances, including:

• your personal background;
• your intoxication at the time;
• the actual details of the offence;
• your previous criminal history, including past public nuisance offences;
• your conduct during hearing and toward the police;
• remorse shown; and
• your financial background.

Some of these factors will aggregate your sentence while others will mitigate it. An offence against a police officer makes the conduct more serious.

The offence of public nuisance is a summary offence. This means it is not a serious offence (but like a misdemeanour). It is listed as an offence under the Summary Offences Act 2005 (Qld) under section 6. The maximum sentence is 6 months imprisonment or 10 penalty units (fine of $1,178.00). You will appear before the Magistrates Court in Queensland. If you are ordered to pay a fine and cannot afford this upfront, you can negotiate to enter into a payment arrangement with the court/police to pay this out in instalments.

 

[Sue C]

Thank you for your reply Tracy. I have no previous criminal conviction or public nuisance offence. I have had some difficulty in dealing with the death of my son who I found dead six years ago (he was 21 at the time and was a triathlete ... never involved in drugs or any wrong doing). The charging officer did say that he would take into account my grief. I have one traffic offence and lost my drivers licence for 8 months and was on probation. I have struggled to get a job over the past six years and am probably going to lose my home. I am deeply and sincerely regretful and remorseful and embarrassed even though I cannot remember what I did but trust the police record of events.

Should I plead guilty on line (this is available) but still attend Court?

I do volunteer work whilst I am unemployed. Will these things assist my circumstances?

 

[Tracy B]

Hi Sue C,

Pleading guilty would save time, costs and show the court you take responsibility for your actions and are remorseful. This will be taken into account in mitigating any sentencing the court makes. As will your grief over your son, your state of mind and the fact you were under the influence of alcohol. You can certainly bring up the fact you do volunteer work to show you are a contributor and valued member of the community. Any efforts you take toward finding employment will also help.

Contact the police and request for the diversion program. If this is your first offence, diversion may be available for this type of offence. Diversion is when the police drops charges against you pending performance of some conditions on your part (e.g. writing a formal apology to the police and ambulance). Because the police drops the charges, the offence never goes through to conviction. This means, although you take responsibility for the offence, because it never goes before court, it will not be recorded as a conviction and it will not be recorded on your criminal record. This will mean it does not hinder your chances of finding employment. The Magistrate will need to accept diversion, which they generally do on the police's recommendation.

A recommendation for the diversion program would happen after they formally charge you.