DISTRICT COURT OF QUEENSLAND
CITATION:
Guilfoyle v Kouzoukas [2022] QDC 8
PARTIES:
AARON JOHN GUILFOYLE
(Appellant)
v
CONSTANTINOS KOUZOUKAS(Respondent)
FILE NO/S:
DC 2037/21
DIVISION:
Appellate
PROCEEDING:
Appeal pursuant to section 222 of the Justices Act 1886 (Qld)
ORIGINATING COURT:
Magistrates Court at Brisbane
DELIVERED ON:
31 January 2022
DELIVERED AT:
Brisbane
HEARING DATE:
9 December 2021
JUDGES:
Smith DCJA
ORDER:
1. The order made by the magistrate is confirmed.
2. I will hear the parties on the question of costs of the appeal.
CATCHWORDS:
COSTS- MAGISTRATES COURTS- Complaint- Dismissal- Discretion to award costs to the respondent- relevant considerations- Section 158A of the Justices Act 1886 (Qld)
CRIMINAL LAW- PRACTICE AND PROCEDURE- Where defence conferred with prosecution expert- whether defence obliged to disclose expert opinion to prosecution- whether section 590B of the Criminal Code 1899 (Qld) applied in summary proceedings
Acts Interpretation Act 1954 (Qld) ss 14A, 14B
Criminal Code 1899 (Qld) s 590B
Criminal Law Amendment Act 1997 (Qld) s 107
Criminal Law Amendment Bill 1996 (Qld) explanatory note c 107
Electrical Safety Act 2002 (Qld) ss 10, 14, 24, 28, 30, 38, 40D
Justices Act 1886 (Qld) ss 148, 158, 158A, 222, 223, 225Benson v Matthews (No 2) [2005] QDC 56, cited
Environment Protection Authority v Caltex Refining Co Pty Ltd [1993] HCA 74; (1993) 178 CLR 477, cited
Harmony Shipping Co SA v Davis [1979] 3 All ER 177, cited
Hofer v R (2021) 95 ALJR 937, cited
Latoudis v Casey [1990] HCA 59, (1990) 170 CLR 534, cited
Murray v Radford [2003] QCA 91, cited
R v De Voss [1995] QCA 518, discussed
R v Goode [2004] QCA 211, cited
R v King [1983] 1 All ER 929, cited
R v R [1994] 4 All ER 260, discussed
R v Smyth (1956) 73 WN (NSW) 539, cited
Rowe v Kemper [2008] QCA 175; [2009] 1 Qd R 247; 185 A Crim R 526, applied
Slivak v Lurgi (Australia) Pty Ltd [2001] HCA 6; (2001) 205 CLR 304, citedCOUNSEL:
Mr J Underwood for the appellant
Ms K Riedel for the respondentSOLICITORS:
Office of the Work Health Safety Prosecutor for the appellant
Barry and Nilsson for the respondentIntroduction
This is an appeal pursuant to section 222 of the Justices Act 1886 (Qld) (“JA”) against a Magistrate who on 8 July 2021 ordered the complainant to pay the respondent’s costs after an unsuccessful prosecution.
On 9 December 2021, I allowed the appeal on the grounds that insufficient reasons had been given for this decision. The parties agreed that this Court rehear the matter and this is my decision upon the rehearing.[1] On such an appeal the judge is required to make his or her own determination of the facts giving due deference and weight to the magistrate’s view.[2]
[1]Section 223 of the JA.
Continue reading Guilfoyle v Kouzoukas
Sign in free to access the full text
- AGLC
- Guilfoyle v Kouzoukas [2022] QDC 8
- Case
- [2022] QDC 8
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to address included whether the respondent was obliged to disclose an expert opinion to the prosecution, specifically an email exchange between the prosecution expert and a third party. The court also had to consider whether section 590B of the Criminal Code 1899 (Qld) applied in summary proceedings. The court examined the evidence presented, including affidavits and expert reports, and considered whether the prosecution had discharged the burden of proof beyond reasonable doubt.
The court found that the evidence provided by the prosecution was inconsistent and did not support a finding of guilt. The Magistrate noted that the inconsistencies within the prosecution’s own case should be resolved in favour of the respondent. The court accepted the respondent’s evidence that he had engaged electricians to ensure the basement was electrically safe and found that the prosecution had failed to prove the respondent’s alleged breach of duty. Consequently, the respondent was found not guilty.
Following the decision, the court turned to the question of costs. The respondent sought an order for costs, arguing that the case was of special difficulty, complexity, and importance. The respondent submitted that the complainant had failed to properly investigate the matter, leading to inconsistencies in the evidence. The court will hear further submissions on the costs of the appeal before making a final decision on the matter. The court confirmed the order made by the magistrate and will address the costs of the appeal in subsequent proceedings.
Orders
Orders of the court
1. The order made by the magistrate is confirmed.
2. I will hear the parties on the question of costs of the appeal.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.