ACP v Queensland Police Service

SUPREME COURT OF QUEENSLAND

CITATION:

ACP v Queensland Police Service [2019] QCA 9

PARTIES:

ACP

(applicant)

v

QUEENSLAND POLICE SERVICE
(respondent)

FILE NO/S:

CA No 4 of 2018

DC No 99 of 2016

DIVISION:

Court of Appeal

PROCEEDING:

Application for Leave s 118 DCA (Criminal)

ORIGINATING COURT:

District Court at Ipswich – [2017] QDC 292 (Horneman-Wren SC DCJ)

DELIVERED ON:

5 February 2019

DELIVERED AT:

Brisbane

HEARING DATE:

24 August 2018

JUDGES:

Philippides and McMurdo JJA and Jackson J

ORDER:

Application for leave to appeal refused.

CATCHWORDS:

CRIMINAL LAW – APPLICATION FOR LEAVE TO APPEAL – ERRORS IN FACTUAL FINDINGS IN COURT

BELOW – where the applicant was convicted of common assault – where a central issue at trial concerned whether the applicant’s assault was justified or excused by reason of his using reasonable domestic discipline pursuant to s 280 of the Criminal Code (Qld) – where the proposed grounds of appeal alleged error in finding that the evidence of the complainant was not inconsistent or exaggerated such that the magistrate would take that into account in considering the credibility and reliability of the complainant’s evidence – where the applicant alleged error in finding that the complainant sustained injury – where error alleged as to consideration of delay in reporting the matter to police – where the applicant alleged error in finding that no error had been demonstrated in the magistrate’s decision – whether an appeal is necessary to correct a substantial injustice to the applicant – whether there is a reasonable argument that there is an error to be corrected

District Court of Queensland Act 1967 (Qld), s 118

McDonald v Queensland Police Service [2017] QCA 255, applied

COUNSEL:

The applicant appeared on his own behalf S J Bain for the respondent

SOLICITORS:

The applicant appeared on his own behalf

Director of Public Prosecutions (Queensland) for the respondent

PHILIPPIDES JA:

1. On 16 November 2016, after a summary trial in the Magistrates Court, the applicant was convicted of common assault committed on 25 October 2015 against the complainant, his then 14 year old stepson. The applicant was fined $1,800 and a conviction was entered. The applicant’s appeal to the District Court, pursuant to s 222 of the Justices Act 1886 (Qld), was dismissed by Horneman-Wren DCJ.1 The applicant now seeks leave to appeal that decision pursuant to s 118(3) of the District Court of Queensland Act 1967 (Qld).

1. The applicant submitted that leave should be granted to appeal because “a verdict [had] been reached that is clearly mistaken” and there had been a miscarriage of justice and “there [was] insufficient evidence to establish beyond a reasonable doubt that [the applicant] committed common assault”.2

2. A central issue at trial concerned whether the applicant’s assault was justified or excused by law by reason of his using reasonable domestic discipline pursuant to s 280 of the Criminal Code (Qld) (the Code). A key contention by the applicant was that the prosecution did not discharge the onus on it to disprove that the…