Commissioner for Police v Jones Summary

[2000] QCA 302

COURT OF APPEAL

PINCUS JA
THOMAS JA
WILLIAMS J

CA Nos 63 of 2000
145 of 2000

THE COMMISSIONER FOR POLICE

KELVIN CLIVE JONES Applicant

BRISBANE

..DATE 27/07/2000

JUDGMENT

PINCUS JA: There are before the Court an application for leave to appeal and an application for an extension of time within which to appeal. The Crown has made useful written submissions dealing with the issues. The matter was listed for hearing today and is in fact coming on for hearing an hour after the time at which it was listed; so we are rather late. It does not appear that either Mr Jones or any representative is going to be before us today and it has been suggested by Mr Winn, on behalf of the respondent, that we should nevertheless deal with the matter. While I think there is something to be said for the course which Mr Winn proposes, I would not adopt it and I would propose that the applications which the applicant has made simply be refused.

THOMAS JA: I agree.

WILLIAMS JA: I agree.

PINCUS JA: The applications are refused.

CaseChat Overview and Summary

The Court of Appeal heard an application for leave to appeal and an application for an extension of time within which to appeal, brought by Kelvin Clive Jones against the Commissioner for Police. The appeal was in relation to a decision made by the District Court of Queensland, where Jones was convicted of various offences including resisting arrest and assault of police officers. The Court of Appeal was tasked with determining whether Jones's applications for leave to appeal and an extension of time should be granted.

The primary legal issues that the Court of Appeal needed to decide were whether Jones had a reasonable prospect of success on appeal and whether there were any exceptional circumstances justifying the extension of time for the appeal. The Court also considered whether the lateness of the applications and the absence of Jones or his representative would impact the outcome.

The Court of Appeal, consisting of Pincus, Thomas, and Williams JJA, concluded that there were no grounds to grant either the application for leave to appeal or the extension of time. Pincus JA, delivering the judgment of the Court, noted the lateness of the hearing and the absence of Jones or his representative. The Court determined that there was insufficient evidence to suggest that Jones had a reasonable prospect of success on appeal and found no exceptional circumstances to warrant an extension of time. Consequently, the Court refused both applications.

The final orders of the Court were straightforward, with Pincus JA stating that the applications for leave to appeal and an extension of time were refused. The judgment was delivered promptly, reflecting the Court's view that the applications were not well-founded and did not warrant further consideration.

Commissioner for Police v Jones

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established