DISTRICT COURT OF QUEENSLAND
CITATION:
Dunkerton v Queensland Police Service [2018] QDC 71
PARTIES:
Dunkerton, Ross Winston
(Appellant)
v
Queensland Police Service
(Respondent)
FILE NO:
172 of 2017
DIVISION:
Appellate
PROCEEDING:
Appeal
ORIGINATING COURT:
Magistrates Court, Cairns
DELIVERED ON:
26 April 2018
DELIVERED AT:
Cairns
HEARING DATE:
12 December 2017
JUDGE:
Fantin DCJ
ORDER:
1. Appeal allowed.
2. The conviction is set aside and the matter is returned to the Magistrates Court for retrial.
3. No order as to costs.
CATCHWORDS:
CRIMINAL LAW – appeal pursuant to s 222 Justices Act 1886 – where appellant convicted after summary trial of common assault – where prosecution failed to disclose victim impact statement until after conviction – whether the non-disclosure could have made a difference to the verdict
Legislation
Justices Act 1886 (Qld) ss 222, s 223, 224
Criminal Code 1899 (Qld) ss 24, 590AB, 590AHCases
Allesch v Maunz (2000) 203 CLR 172
Dwyer v Calco Timbers (2008) 234 CLR 124
Forrest v Commissioner of Police [2017] QCA 132
Fox v Percy (2003) 214 CLR 118
House v The King (1936) 55 CLR 499
McDonald v Queensland Police Service [2017] 45 QLR
R v BBU [2009] QCA 385
R v Cornwell [2009] QCA 294
R v Cox [2010] QCA 262
R v Grimley [2017] QCA 291
R v HAU [2009] QCA 165
R v Spizzirri [2001] 2 Qd R 686
Teelow v Commissioner of Police [2009] 2 Qd R 489
Warren v Coombes (1979) 142 CLR 531COUNSEL:
P Feeney for the Appellant
S Baso, police prosecutor, for the Respondent
SOLICITORS:
Wettenhall Silva Osborne Butler Solicitors for the Appellant
Queensland Police Service for the Respondent
On 12 December 2017 I made orders allowing this appeal, setting aside the conviction and returning the matter to the Magistrates Court for retrial. These are my reasons for that decision.
On 4 September 2017, following a summary trial before a Magistrate, the appellant was convicted of one count of common assault and sentenced to a 12 month good behaviour bond and recognizance of $400, with no conviction recorded.
He appealed against his conviction pursuant to s 222 of the Justices Act 1886.
Circumstances of the offence
The appellant is a 72 year old man with no prior criminal history who had known the complainant, a neighbour, for about 8 years. They had socialised with their respective spouses on a number of occasions. On 6 October 2016 he went to her house to speak to her husband about some electrical work. The complainant opened the door and she told the appellant that her husband was not at home. The appellant then took a step inside the house and they continued to converse. During the conversation, the appellant grabbed or squeezed her on the bottom on the outside of her pants for a short time on one side, and then on the other. (There is some dispute about this. The appellant says he touched her only once and it was a pinch to one side of her…
Keep reading for free
Create a free CaseChat account to read Dunkerton v Queensland Police Service and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2018] QDC 71
- Decision Date
CaseChat Overview and Summary
The Court of Appeal held that the non-disclosure of the victim impact statement was unfair because it was not disclosed until after the conviction, which was a breach of the appellant’s right to a fair trial. The Court of Appeal held that the non-disclosure of the victim impact statement could have made a difference to the verdict because the statement could have had an impact on the magistrate’s assessment of the credibility of the victim and the seriousness of the offence. The Court of Appeal held that the appellant’s conviction should be set aside and the matter should be returned to the Magistrates Court for retrial.
The Court of Appeal allowed the appeal, set aside the conviction, and returned the matter to the Magistrates Court for retrial. The Court of Appeal made no order as to costs.
Orders
Orders of the court
1. Appeal allowed.
2. The conviction is set aside and the matter is returned to the Magistrates Court for retrial.
3. No order as to costs.
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.