SUPREME COURT OF QUEENSLAND
CITATION:
Johnson v Queensland Police Service [2014] QCA 195
PARTIES:
JOHNSON, William Alistair
(applicant/appellant)
v
QUEENSLAND POLICE SERVICE
(respondent)FILE NO/S:
CA No 75 of 2014
DC No 85 of 2013DIVISION:
Court of Appeal
PROCEEDING:
Application for Leave s 118 DCA (Criminal)
ORIGINATING COURT:
District Court at Ipswich
DELIVERED ON:
15 August 2014
DELIVERED AT:
Brisbane
HEARING DATE:
8 August 2014
JUDGES:
Muir and Morrison JJA and North J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Leave to appeal be granted.
2. The appeal be allowed.
3. The order made in the District Court on 7 March 2014 be set aside.
4. The applicant’s conviction be quashed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – GENERALLY – where the applicant was convicted in the Magistrates Court of the offence of failing to give way to a vehicle travelling in a lane or line of traffic – where the applicant was unsuccessful on his appeal against his conviction to the District Court – where the applicant applied under s 118(3) of the District Court of Queensland Act 1967 (Qld) for leave to appeal – whether the magistrate erred in concluding that it could not be safe for a driver to proceed if a vehicle was obliged to brake to avoid a collision – whether the judge adequately discharged his duty under s 223 of the Justices Act 1886 (Qld) – whether the magistrate’s decision and the judge’s decision were affected by significant errors of law, resulting in a substantial injustice to the applicant
District Court of Queensland Act 1967 (Qld), s 118(3)
Justices Act 1886 (Qld), s 222, s 223
Transport Operations (Road Use Management – Road Rules) Regulation 2009 (Qld), s 87(1), Sch 5Commissioner of Police v Al Shakarji[2013] QCA 319, considered
Mbuzi v Torcetti (2008) 50 MVR 451; [2008] QCA 231, followed
Pickering v McArthur[2005] QCA 294, considered
Rodgers v Smith[2006] QCA 353, considered
Shambayati v Commissioner of Police[2013] QCA 57, consideredCOUNSEL:
The applicant/appellant appeared on his own behalf
B J Power for the respondentSOLICITORS:
The applicant/appellant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
MUIR JA: Introduction The applicant was convicted on 28 June 2013 in the Magistrates Court of the offence under s 87(1) of the Transport Operations (Road Use Management – Road Rules) Regulation 2009 (Qld) (the Regulation) of failing to give way to a vehicle travelling in a lane or line of traffic. He was unsuccessful on his appeal against his conviction to the District Court. He now applies under s 118(3) of the District Court of Queensland Act 1967 (Qld) (the DCA) for leave to appeal.
The applicant relied on 11 grounds of appeal. Some of the grounds would not, even if made out, warrant the granting of leave. A number of others allege in different…
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- Case
- [2014] QCA 195
- Decision Date
CaseChat Overview and Summary
The court considered the arguments and found that there were significant errors of law in the magistrate’s decision, which had not been corrected by the judge. The court held that the magistrate had not properly considered the evidence and had instead relied on a legal principle that did not apply to the circumstances of the case. The court also found that the judge had failed to adequately discharge his duty under s 223 of the Justices Act 1886 (Qld), as he had not reviewed the evidence and had instead relied on the magistrate’s decision.
The court granted leave to appeal and allowed the appeal, setting aside the order made in the District Court on 7 March 2014 and quashing Johnson’s conviction. The court found that there had been a substantial miscarriage of justice and that it was in the interests of justice to allow the appeal. The court held that the errors of law had resulted in a decision that was unjust and that the applicant’s conviction should be quashed.
The orders of the court were that leave to appeal be granted, the appeal be allowed, the order made in the District Court on 7 March 2014 be set aside, and Johnson’s conviction be quashed. The court held that it was appropriate to set aside the conviction and to quash the order, as the errors of law had resulted in a substantial miscarriage of justice.
Orders
Orders of the court
1. Leave to appeal be granted.
2. The appeal be allowed.
3. The order made in the District Court on 7 March 2014 be set aside.
4. The applicant’s conviction be quashed.
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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