Dowling v Robinson - [2005] QDC 171

[2005] QDC 171

DISTRICT COURT

APPELLATE JURISDICTION

JUDGE ROBIN QC

No 158 of 2005

JAMES JOSEPH DOWLING	Appellant
and
KENNETH JOHN ROBINSON	Respondent

BRISBANE

..DATE 06/06/2005

JUDGMENT

CATCHWORDS: Appeal from Magistrate to District Court from conviction - "public nuisance offence" under s 7AA of Vagrants, Gaming and Other Offences Act 1951 - appellant disrupted a Meet the Candidates meeting in a public hall by purporting to effect a citizen's arrest of the Liberal candidate - justification put up was a purported "warrant" in the name of a citizens' group based on alleged war crimes to
do with Iraq, etc - Magistrate considered common law and statutory provisions that might authorise the purported arrest - appellant's belief the candidate was answerable for war crimes was rejected as lacking the requisite reasonableness - appeal dismissed - no special circumstances to justify reception of further evidence on appeal (of similar effect to that addressed before the Magistrate) - Justices Act 1886, s 223.

HIS HONOUR: Mr Dowling appeals against his conviction by a

Magistrate after a hearing on 17 November last year at Petrie

Magistrates Court of an offence against section 7AA of the

Vagrants, Gaming and Other Offences Act(VAG Act). The penalty

imposed was a fine of $200, in default eight days'

imprisonment, a conviction being recorded. Mr Dowling was

allowed seven days to pay, but declared an intention not to

"be paying any fines for serving my country". The sentence

was handed down on 23 December 2004, the date on which the

Magistrate Mr Halliday reserved his decision, and that passage

quoted indicates that Mr Dowling presented as pursuing points

of principle.

From any point of view they are important points of principle

that he's pursuing. They concern chiefly the legality and

morality of the war which the "coalition of the willing",

including Australia, has been committed to in Iraq, but

extends rather more widely.

The section under which the prosecution was brought came into

effect on 1 April 2004. The charge against Mr Dowling was

that on the 23rd day of September 2004 at Dayboro in the

Magistrates Courts District of Caboolture he committed a

public nuisance offence. "Public nuisance offence" is defined

in section 7AA(2) as committed if a person "behaves in an

offensive way and the person's behaviour interferes or is

likely to interfere with the peaceful enjoyment of a public

place by a member of the public." The place was a community

hall at Dayboro and the occasion was a "Meet the Candidates"

evening organised by the local progress association in

relation to the 2004 Federal election. Apparently about 50

interested citizens attended. Four of the six candidates

attended, including Mr Peter Dutton, the Liberal candidate.

He had come under the attention of Mr Dowling and some

like-minded people who are associated in a group called

"Citizens Against Terrorism". The material before the

Magistrate indicates that Mr Dowling at least had been

pursuing his opposition to war in Iraq since before the war

commenced, by communications with…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Dowling v Robinson

Details

AGLC: Dowling v Robinson [2005] QDC 171
Case: [2005] QDC 171
Decision Date: 06/06/2005

CaseChat Overview and Summary

Dowling appeals against his conviction by a Magistrate of an offence against section 7AA of the Vagrants, Gaming and Other Offences Act (VAG Act). The appellant attended a 'Meet the Candidates' meeting at a community hall, armed with a document purporting to be a 'warrant' for the arrest of the Liberal candidate, Peter Dutton. The appellant attempted to effect a citizen's arrest of Dutton, disrupting the meeting. The District Court was required to determine whether the appellant's actions were justified and if there were special circumstances that warranted the reception of additional evidence on appeal. The court found that the appellant's belief that Dutton was answerable for war crimes was not held on reasonable grounds. The appellant failed to satisfy the objective test for a citizen's arrest under common law and statutory provisions. The appeal was dismissed, and the appellant was ordered to pay the respondent's costs in the amount of $500.

Orders