Lib v Queensland Police Service

DISTRICT COURT OF QUEENSLAND

CITATION:

LIB v Queensland Police Service [2018] QDC 259

PARTIES:

LIB

(Applicant)

v

QUEENSLAND POLICE SERVICE

(Respondent)

FILE NO/S:

161/18

DIVISION:

Criminal

PROCEEDING:

Appeal

ORIGINATING COURT:

Magistrates Court at Southport

DELIVERED ON:

12 December 2018

DELIVERED AT:

Southport

HEARING DATE:

20 November 2018

JUDGE:

Kent QC DCJ

ORDER:

Appeal allowed; convictions below set aside and verdicts of Not Guilty entered on each charge.

CATCHWORDS:

MAGISTRATES – APPEAL AND REVIEW – QUEENSLAND – APPEAL – GROUNDS – where the appellant appealed against conviction pursuant to s 222 of the Justices Act 1886 – where a ground of appeal was that the Magistrate made an error of fact – where the appellant was convicted largely on the evidence of the complainant child – where the complainant’s evidence had some inconsistencies – whether the prosecution proved its case beyond reasonable doubt.

MAGISTRATES – APPEAL AND REVIEW – QUEENSLAND – APPEAL – NATURE OF APPEAL – where the appellant appealed against conviction pursuant to s 222 of the Justices Act 1886 – where the appellant must identify a legal, factual or discretionary error – where the appellant was convicted largely on the evidence of the complainant child – where the evidence of the complainant is recorded – where the appellate court has the advantage of viewing the complainant’s evidence – whether the findings of the Magistrate should be interfered with.

COUNSEL:

self-represented for the applicant

K J Heath for the respondent

SOLICITORS:

self-represented for the applicant

Office of the Director of Public Prosecutions for the respondent

Introduction

1. In this matter the appellant appeals, pursuant to s 222 of the Justices Act 1886 (Qld), against his conviction in the Magistrates Court at Southport after a trial on 1 May 2018 on two charges of common assault, one of which was a domestic violence offence. On 8 May 2018, he was fined $600.00 for each offence, with convictions not recorded. The appellant does not challenge the severity of his sentence, but appeals against his convictions.

1. The appellant also appeals against the imposition of Temporary Protection Orders made on 12 June 2016, 26 June 2016, 22 February 2017 and 7 December 2017; and the Protection Orders made on 8 March 2017 and 24 July 2017. I note that there is no such jurisdiction in s 222 of Justices Act 1886[1] thus they will not be discussed in these reasons. Of course, if the convictions were set aside it would be relevant to a review of any existing Protection Orders.

   [1]Rather see Domestic and Family Violence Protection Act 2012 (Qld), s 164.

Grounds of appeal

1. The grounds of appeal are:

(a)        The learned Magistrate made an error of fact;

(b)        The learned Magistrate made an error of law; and

(c)        The conviction was unsafe and unsatisfactory as the appellant did not commit the offences that he was convicted for.

“Unsafe and unsatisfactory” is not a ground of appeal provided for under s 222 and is more akin to the unreasonableness ground for an appeal…