Flynn v Commissioner of Police Service

Flynn was convicted in the Magistrates Court of the offence of common assault and sought to appeal the conviction to the District Court. The appellant successfully had the conviction quashed and the matter was remitted to the Magistrates Court to be retried according to law. The appellant then sought to be awarded costs arising from the appeal to the District Court. The central legal issues were whether the appellant was entitled to costs arising from the appeal and whether the offence of common assault is an “indictable offence” for the purposes of the Justices Act 1886 (Qld).

The court considered the relevant legislation and determined that the offence of common assault is not an “indictable offence” for the purposes of the Justices Act 1886 (Qld). The court also found that, as the appellant had succeeded in having their conviction quashed, they were not entitled to costs arising from the appeal to the District Court. The court reasoned that the costs of the appeal should be borne by the appellant, as the appeal was ultimately unsuccessful in achieving the appellant’s desired outcome of having the conviction completely dismissed. The court also noted that the appellant had not demonstrated any special circumstances that would warrant an award of costs.