Magistrate Bernadette Callaghan's sentencing in spotlight as police complain of soft stance Sunshine Coast magistrate Bernadette Callaghan. CONTROVERSIAL magistrate Bernadette Callaghan's sentences are being scrutinised by a special appeals project amid concerns the Sunshine Coast judge is too lenient. In one recent case, Ms Callaghan's decision not to jail a serial drink driver was deemed "manifestly inadequate" and overturned by the Appeal Court. RELATED: Police frustrated by 'soft' magistrates In another case, an offender who assaulted a man so violently he was hospitalised, was only given a good behaviour bond. The Appeals Court overturned this decision giving the man a $900 fine. Two other cases involving bikies are set to be appealed. One of those sparked headlines when Ms Callaghan granted immediate parole to alleged bikie Lorne Campbell, claiming the community was better served with him in it. The Sunshine Coast district is believed to be only region in Queensland where an informal appeals partnership project exists between the local DPP and local prosecutors to streamline the process. The Courier-Mail understands there are numerous matters involving Ms Callaghan that police believe are inadequate but they have chosen a select few to pursue due to time and money constraints. Since the project's inception, all the appeals have been lodged against Ms Callaghan - despite four other magistrates operating on the Sunshine Coast. There are concerns Ms Callaghan's sentencing - particularly in relation to repeat offenders and abhorrent crimes - is "devaluing" police work on the Sunshine Coast. Prosecutors have already lodged two successful appeals against Ms Callaghan's decisions through the special appeals project and a third is on the way, involving another alleged bikie, Michael John Slattery. It follows Attorney General Jarrod Bleijie on Friday ordering the DPP to appeal Ms Callaghan's recent decision to grant immediate parole to Campbell, who had been charged with possessing tainted property while on a suspended sentence for a similar offence. Slattery was given good behaviour bonds for four charges including drink driving and obstructing police and had his license disqualified for 12 months. Police will appeal Ms Callaghan's November 7 sentencing of Slattery, an alleged Bandido, on the grounds they are inadequate. Ms Callaghan has been a Regional Coordinating Magistrate since 2002. The Courier-Mail sought a response from Ms Callaghan through the Department of Justice but was told none would be provided. APPEAL: Sergeant Michael Jocumsen v Gary Roy Olive (Judge Long) Hearing date: October 11, 2013; 18 October 2013 Offence: Saturday, February 2, 2013 While under the influence of liquor and disqualified from driving, Gary Roy Olive drove his Ford Econovan from his unit block residence to a local bottle shop and back (0.23 BAC) This offence occurred while on parole and in breach of a suspended sentence for similar offending Defendant had a "significant" prior history of similar offending, including: 10/12/02 Disqualified driving 13/06/10 Disqualified driving 21/07/10 Disqualified driving 20/07/12 Disqualified driving CALLAGHAN SENTENCE: Six months' imprisonment with immediate parole release; and six months' imprisonment, wholly suspended for an operational period of three years APPEAL DECISION: Judge Long found "legal error" in the sentence imposed in that it was not up to the Magistrate to fix a parole release. Additional comments from Judge Long: "Quite apart from the need to intervene in this matter, because of the identified legal error, it would have been otherwise necessary to do so... on the basis of the manifest inadequacy of the sentence imposed." Final Sentence: Six months' imprisonment with parole after two months; and six months' imprisonment, wholly suspended for an operational period of three years APPEAL: Senior Constable Gary McNeil v Samuel Joseph Fary (Judge Robertson) Hearing date: Friday, June 21, 2013 - Maroochydore Magistrates Court Offence: Assault occasioning bodily harm. On December 24, 2012 at Halse Lodge, Noosa Heads, an intoxicated Samuel Joseph Fary dragged, punched, kicked and eye gouged the complainant, leaving him with multiple injuries requiring transportation to hospital. The defendant voluntarily came forward after the offence and pleaded guilty. He had no prior convictions. CALLAGHAN SENTENCE: Good behaviour bond of 12 months and no conviction recorded. Also $600 compensation to the complainant. JUDGE ROBERTSON APPEAL DECISION: Callaghan had performed an "error" in not referring to the complainant's injuries. This error was "was significant and in my view rendered her ultimate sentence inadequate." Callaghan had said: "And I'm not sure of the injuries that occurred to the complainant" after the details had just been read out to her. Additional comments from Judge Robertson: "A penalty of a good behaviour bond, when one has regard to the authorities, is inadequate by reference to the principals of general deterrence and denunciation." FINAL SENTENCE: Fine of $900 and personal compensation to complainant of $600. No conviction recorded. Police v Michael John Slattery (alleged member of Bandidos) Original hearing: November 7, 2013 - Maroochydore Magistrates Court Offences: On November 6, 2013, Michael John Slattery, 23, was observed performing a burnout in Nambour. When questioned by police he became violent. He was handcuffed and a roadside breath test returned positive. He admitted to consuming nine self-mixed Jim Beam Bourbons, rum and coke. At the Maroochydore Station he refused to supply a specimen of breath for analysis. Police allege the defendant is a known member of the Bandidos bikie gang. He pleaded guilty to one count each of: Creating undue noise by manner of operation (burnout) Obstructing police Failing to provide a specimen of breath CALLAGHAN SENTENCE: Six months' license disqualification for DUI and six months' license disqualification for failing to provide a specimen of breath (cumulative). Good behaviour bond for all four charges: APPEAL: The prosecution will appeal all the sentences on the grounds they are manifestly inadequate. Police v Lorne James Campbell (alleged member of the Rebels) Original hearing: November 13, 2013, Maroochydore Magistrates Court Offence: Lorne James Campbell was charged with possessing tainted property, namely $8000 cash, while on a suspended sentence for a similar offence. He had a history of recent charges including possessing $37,000 tainted cash in May and extortion, wilful damage and dangerous use of a weapon for firing at a business in April. He also appeared in court for allegedly breaching a bail condition by not residing at an agreed address. However, Magistrate Callaghan said she was not convinced Campbell was a member of a criminal bikie gang despite police evidence showing he had been located at the Sunshine Coast Rebels club on a number of occasions and found in possession of keys to the clubhouse. CALLAGHAN SENTENCE: Six months' jail with immediate parole for possession of tainted property while on a suspended sentence with Ms Callaghan adding the community was best served with him in it, despite police asking for six months' jail. APPEAL: Attorney General Jarrod Bleijie has ordered the Office of the Director of Public Prosecutions to appeal because the sentences "are manifestly inadequate, are not in line with community expectations and do not set an adequate deterrent."