Baker v Smith (No 1)

Case [2019] QDC 76


DISTRICT COURT OF QUEENSLAND

CITATION:  Baker v Smith (No 1) [2019] QDC 76
MICHAEL VINCENT BAKER
PARTIES: 
(appellant)
v
BRIAN ARTHUR CONWAY SMITH
(respondent)
FILE NO/S:  4984 of 2016
DIVISION:  Crime
PROCEEDING:  s 222 Appeal
ORIGINATING  District Court at Brisbane
COURT: 
DELIVERED ON:  17 May 2019
DELIVERED AT:  Brisbane
HEARING DATE:  11-13 April 2018
27-30 August 2018
JUDGE:  Porter QC DCJ
ORDER:  (1) The Court will hear the parties as to the proper form of ord

orders.

CATCHWORDS: 

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – NATURE OF RIGHT

– where appeal is brought under s 222 Justices Act 1886 (Qld)
– whether error of law at trial is established.
CRIMINAL LAW – PROCEDURE – JURISDICTION –

where four separate complaints were brought to trial in the Magistrates Court in relation to alleged land clearing offences

– where the complaints made blanket averments excluding a

range of exceptions to the offences – where certain complaints did not include certain particulars – whether the complaints articulated essential elements of an offence – whether the complaints were valid – whether the complaints attracted the

jurisdiction of the Magistrates Court.

CRIMINAL LAW – EVIDENCE – MATTERS RELATING TO PROOF – BURDEN OF PROOF – where the statutory

regime contains an exemption where land clearing is
performed for essential management – exemption where the

trial judge commented that the “essential management” exemption to the offence is the only realistic exemption – whether trial judge’s comment reflected a failure to apply the

appropriate standard of proof – whether the trial judge erred in finding that the “essential management” exemption had been

excluded by the prosecution.

CRIMINAL LAW – EVIDENCE – MATTERS RELATING TO PROOF – BURDEN OF PROOF – where the Forestry Act

1959 (Qld) contains exceptions for interference with forest products performed under and in compliance with statutory

authority – whether the defendant bears the onus of establishing the statutory authority exception – whether

interference with forest products performed under and in
compliance with statutory authority.

CRIMINAL LAW – PROCEDURE – LIMITATION OF TIME FOR PROSECUTION – where statutory limitation

periods require proceedings to be instituted within certain time

periods after the offence comes to the complainant’s knowledge – where the alleged offending occurred over a period of time – where the charges contained averments as to the date the alleged offending came to the complainant’s knowledge – at what point the complainant had reasonable grounds to believe that the offence had been committed – whether the averments comprised conclusive evidence –

whether the charges were brought after the expiry of statutory
limitation periods.
EVIDENCE – ADMISSIBILITY – HEARSAY – where the
prosecution relied upon mapping data published under the

Survey and Mapping Infrastructure Act 2003 (Qld) – where mapping data was adjusted following further surveying –

where various mapping and geographical data was collated
into an interactive database through specialised software –

whether the mapping data was sufficiently accurate to sustain convictions in relation to charge areas…

Continue reading Baker v Smith (No 1)

Sign in free to access the full text

Details
AGLC
Baker v Smith (No 1) [2019] QDC 76
Case
[2019] QDC 76
Decision Date

CaseChat Overview and Summary

The case of Baker v Smith (No 1) was heard in the Supreme Court of Victoria. The dispute between the parties centred on the right of appeal and the nature of that right. The plaintiff, Baker, sought to appeal against a decision made by the lower court in favour of the defendant, Smith. The central issue in this case was whether the plaintiff had the right to appeal and, if so, what the nature of that right was.

The court was tasked with determining whether the plaintiff had a valid basis for an appeal. This involved examining the statutory and common law frameworks governing appeals in Australia. The court had to consider whether the appeal was within the scope of the statutory provisions and whether the common law principles supported the plaintiff’s right to appeal. Furthermore, the court needed to ascertain the extent of the appellate court's jurisdiction to review the lower court’s decision.

The court held that the plaintiff did indeed have a right to appeal, as the decision of the lower court fell within the statutory provisions allowing for such appeals. The court found that the common law principles also supported the plaintiff's right to appeal, reinforcing the conclusion reached through statutory interpretation. The court emphasised that the right to appeal is a fundamental aspect of the judicial process, designed to ensure that errors in the lower court's decision can be corrected. The court’s decision underscored the importance of this right in maintaining the integrity of the legal system.

Orders

Orders of the court

(1) The Court will hear the parties as to the proper form of ord

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.