A QUEENSLAND judge has found an Ipswich magistrate was too harsh when sentencing a man for trespassing at Chemist Warehouse.
Jayce Antony North was sentenced to three months jail after pleading guilty, and appealed the decision.
In a judgment published online recently, District Court Judge Sarah Bradley found that the magistrate's three-month jail sentence was "manifestly excessive".
North, 21, was banned from Chemist Warehouse for five years for harassing and threatening employees.
In May, Ms Bradley said North went into the store and sprayed perfume all over himself. He told police he was "stupid" for going into the store.
Judge Bradley said North had a lengthy criminal history, which was 12 pages long.
When he faced Ipswich Magistrates Court in June, the magistrate told North that he had come to the end of the road. The magistrate also referred to how North's behaviour had forced someone to quit their job at Chemist Warehouse.
"Do you know how hard it is to get a job for a start?" the magistrate questioned North. "And because you are such a little brat, you've really ruined that person's life."
Judge Bradley said the magistrate did not explain the decision to sentence North to two months jail without parole, instead of the usual one-month non-parole period.
Judge Bradley also said the magistrate put undue emphasis on the fact North had ruined an employee's life.
She said the trespass was not serious, because North had not been aggressive or threatening.
Judge Bradley changed North's sentence to two months jail, fully suspended. He will have that jail term hanging over his head for four months.
- APN NEWSDESK
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