Davidson v The Queen
Case
•
[2012] ACTCA 1
•January 31, 2012
Details
AGLC
Case
Decision Date
Davidson v The Queen [2012] ACTCA 1
[2012] ACTCA 1
January 31, 2012
CaseChat Overview and Summary
Burns J of the Supreme Court of Queensland considered an application for leave to appeal out of time against convictions imposed in the Magistrates Court. The applicant also sought leave to appeal out of time against orders made by a single judge of the Supreme Court.
The primary legal issue before the Court was whether there were acceptable reasons for the significant delay in filing the applications for leave to appeal. A further issue, in relation to the appeal against the single judge's orders, was whether any demonstrable error had been identified.
Burns J refused the application for leave to appeal out of time against the Magistrates Court convictions, finding no acceptable reason for the delay. Similarly, the application for leave to appeal out of time against the single judge's orders was refused, as no demonstrable error was argued. The Court therefore made no orders granting leave to appeal.
The primary legal issue before the Court was whether there were acceptable reasons for the significant delay in filing the applications for leave to appeal. A further issue, in relation to the appeal against the single judge's orders, was whether any demonstrable error had been identified.
Burns J refused the application for leave to appeal out of time against the Magistrates Court convictions, finding no acceptable reason for the delay. Similarly, the application for leave to appeal out of time against the single judge's orders was refused, as no demonstrable error was argued. The Court therefore made no orders granting leave to appeal.
Details
Key Legal Topics
Areas of Law
-
Criminal Law
-
Civil Procedure
Legal Concepts
-
Appeal
-
Jurisdiction
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Davidson v The Queen [2012] ACTCA 1
Most Recent Citation
Mayen v Ryan [2013] ACTSC 172