MAGISTRATES COURTS OF QUEENSLAND
CITATION:
Gauld v Queensland Police Service [2025] QMC 6
PARTIES:
ANGELA GAY GAULD
(Applicant)
V
QUEENSLAND POLICE SERVICE
(Respondent)
FILE NO/S:
MAG-00118322/24(0)
DIVISION:
Magistrates Courts
PROCEEDING:
Application for costs
ORIGINATING COURT:
Gympie
DELIVERED ON:
11 March 2025
DELIVERED AT:
Gympie
HEARING DATE:
On the Papers
MAGISTRATE:
Magistrate Hughes
ORDER:
THE RESPONDENT PAY THE APPLICANT’S COSTS OF THE PROCEEDING IN THE AMOUNT OF $1840.00 WITHIN 30 DAYS.
CATCHWORDS:
CRIMINAL LAW - PROCEDURE – COSTS – POWER TO AWARD – whether it is proper for costs order – where investigation not conducted in appropriate way - where investigative deficiencies - where applicant told to get in police car without being charged or under arrest - where arresting officer did not comply with statutory obligations and internal procedures for breath testing and analysis – where applicant as a woman is identified by law as particularly vulnerable to domestic violence - where police did not properly consider indicia of domestic violence – where applicant charged with fail to supply specimen of breath for analysis or blood test on requirement – where applicant also charged with drive under the influence of liquor or a drug – where applicant restrained and detained - where defence notified prosecution of investigative deficiencies at early stage - where police offered no evidence to first charge but continued with second charge – where police later offered no evidence to second charge - where both charges dismissed – where applicant prejudiced due to prolonged period of licence suspension while investigated and prosecuted – where applicant funded by legal aid
Criminal Code Act 1899 (Qld), s 25
Domestic and Family Violence Protection Act 2012 (Qld), s 4
Justices Act 1886 (Qld), s 158, s 158A, s 158B
Justices Regulation 2014 (Qld), Schedule 2, Part 2
Legal Aid Queensland Act 1997 (Qld), s 30, s 31, s 32
Transport Operations (Road Use Management) Act 1995 (Qld), s 79, s 80
Allison v Channel Seven Queensland Pty Ltd [2015] QDC 111
Bell v Carter; Ex parte Bell [1992] QCA 245
Davies v Dorfler [1988] 2 QdR 490
Latoudis v Casey (1990) 170 CLR 534
Lewis v Utting, ex parte Utting (1985) 1 QdR 423
MacPherson v Commissioner of Taxation [1998] QCA 396
Madden v Commissioner of Police [2023] QCA 31
Madden v Commissioner of Police (No. 2) [2023] QCA 182
Maher v Commissioner of Police [2020] QDC 45
SOLICITORS:
Nightingale Law for the Applicant
Sergeant M Campbell for the Respondent
What is this Application about?
Angela Gauld has applied for her costs of having to defend charges[1] that were dismissed[2] after police offered no evidence. Ms Gauld’s driver licence was suspended for some six months while she awaited the outcome.
[1]Transport Operations (Road Use Management) Act 1995 (Qld), s 80(11) – Fail to provide specimen of breath for analysis or blood test on requirement (Charge 1);
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- Case
- [2025] QMC 6
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether it was proper to award costs in these circumstances, particularly given the investigative deficiencies and the prolonged period of licence suspension. The court considered the extent to which the applicant was prejudiced by the police's failure to comply with statutory obligations and internal procedures for breath testing and analysis, and whether the police properly considered the indicia of domestic violence. The court also considered the impact of the prolonged period of licence suspension on the applicant, and whether the police's conduct warranted an award of costs.
The court found that it was proper to award costs in this case. The court found that the police's failure to comply with statutory obligations and internal procedures for breath testing and analysis, and their failure to properly consider the indicia of domestic violence, resulted in a significant prejudice to the applicant. The court found that the prolonged period of licence suspension also resulted in a significant prejudice to the applicant. The court found that the police's conduct warranted an award of costs, and ordered the respondent to pay the applicant's costs of the proceeding in the amount of $1840.00 within 30 days.
Orders
Orders of the court
THE RESPONDENT PAY THE APPLICANT’S COSTS OF THE PROCEEDING IN THE AMOUNT OF $1840.00 WITHIN 30 DAYS.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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