DISTRICT COURT OF QUEENSLAND
CITATION:
Lupson v Queensland Police Service [2021] QDC 84
PARTIES:
GRANT IAN LUPSON
(Appellant)
v
QUEENSLAND POLICE SERVICE
(Respondent)
FILE NO:
4469/19
DIVISION:
Appellate
PROCEEDING:
Appeal
ORIGINATING COURT:
Magistrates Court, Southport - Date of Conviction: 24 August 2020
DELIVERED ON:
20 May 2021 (ex tempore)
DELIVERED AT:
Southport
HEARING DATE:
19 May 2021
JUDGE:
Dann DCJ
ORDER:
1. The appeal be allowed;
2. The appellant’s conviction in the Magistrates Court at Southport on the charge of assault occasioning bodily harm be set aside;
3. The appellant be acquitted of the charge of assault occasioning bodily harm.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – S 222 appeal – Justices Act 1886 – appeal against verdict – where the appellant was convicted after a trial of one count of assault occasioning bodily harm (domestic violence offence) – where no conviction was recorded – whether the verdict was unreasonable and against the weight of evidence – whether leave to appeal should be granted
LEGISLATION:
Justices Act 1886, s 222
CASES:
Allesch v Maunz (2003) 214 CLR 180-181
Forrest v Commissioner of Police [2017] QCA 132
Fox v Percy (2003) 214 CLR 118
R v Shepherd (1990) 170 CLR 573
Rowe v Kemper [2009] 1 Qd R 247
Teelow v Commissioner of Police [2009] 2 Qd R 489
COUNSEL: B Reilly for the appellant
B Scarrabelotti for the respondent
SOLICITORS: Worcester & Co for the appellant
Office of the Department of Public Prosecutions for the respondent
Procedural summary and issues on the appeal
This is an appeal against a decision of a Magistrate made on 24 August 2020 where the appellant, Mr Lupson, was convicted after a trial of one count of assault occasioning bodily harm (domestic violence offence). I will refer to this as the Assault Occasioning Bodily Harm (‘AOBH’) charge for convenience. In the same trial the Magistrate acquitted Mr Lupson of a charge of breaching a protection order by failing to be of good behaviour. I will refer to this as the contravention charge for convenience. In each case the complainant was his then wife.
The sole ground of the appeal is that the verdict was unreasonable and against the weight of evidence[1]. The appellant submits that if the appeal is successful, an acquittal on the AOBH charge should be entered for the appellant. The appellant has, in any case, served the sentence imposed by the learned Magistrate on 24 August 2020 of 9 months’ probation. No conviction was recorded.
[1] A further ground for which leave was foreshadowed to be sought in the written outline was abandoned at the hearing.
The issues to be resolved on this appeal are:
(a)Whether, given the Magistrate acquitted the appellant on the contravention charge, the issues of credibility and reliability of the complainant’s evidence in respect of that charge affected her credibility and reliability generally;
(b)Assuming that…
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- Case
- [2021] QDC 84
- Decision Date
CaseChat Overview and Summary
The key legal issues addressed were whether the Magistrate's reliance on certain evidence was justified, particularly given the inconsistencies and the lack of clear evidence regarding the timing of the photographs and the complainant’s hospital examination. The appeal argued that the Magistrate erred in finding the photographs and the doctor's statement consistent with the complainant's account. The court had to determine whether these errors were significant enough to deem the verdict unreasonable.
In its reasoning, the court found that the Magistrate's conclusions about the timing and consistency of the photographs and the doctor's examination were flawed. The court noted that the Magistrate incorrectly dated the photographs and failed to address the inconsistencies in the evidence. These errors led to a verdict that was against the weight of the evidence. Consequently, the appeal was allowed, the conviction was set aside, and Lupson was acquitted of the charge.
Orders
Orders of the court
1. The appeal be allowed;
2. The appellant’s conviction in the Magistrates Court at Southport on the charge of assault occasioning bodily harm be set aside;
3. The appellant be acquitted of the charge of assault occasioning bodily harm.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.