Mathews v Ipswich City Council

DISTRICT COURT OF QUEENSLAND

CITATION:

Mathews v Ipswich City Council [2023] QDC 21

PARTIES:

MATHEWS, Russell Gordan Haig
(Appellant)

v

Ipswich City Council
(Respondent)

FILE NO/S:

Appeal No. 15 of 2021

DIVISION:

Appellate Jurisdiction

PROCEEDING:

S 222 Appeal

ORIGINATING COURT:

Magistrates Court at Ipswich

DELIVERED ON:

21 February 2023

DELIVERED AT:

Brisbane

HEARING DATE:

23 March 2022

JUDGE:

Devereaux SC CJDC

ORDER:

Application for extension of time refused.
Appeal dismissed.

CATCHWORDS:

CRIMINAL LAW – APPEAL– appeal pursuant to s 222 Justices Act 1886 (Qld) – where appellant convicted of charges of contravening an enforcement notice under the Planning Act 2016 (Qld) – whether the laws regulating signs erected outside the appellant’s house infringed the appellant’s implied right of freedom of political expression

LEGISLATION:

Justices Act 1886 (Qld)

Planning Act 2016 (Qld)

Ipswich City Council Local Law No 1 (Administration) 2013

Local Government Act2009 (Qld)

Building Act 1975 (Qld)

Building Regulation 2006

CASES:

Gold Coast City Council v Lear [2016] QDC 215

Guy v McLoughlin & Anor [2006] QDC 17

Atkin v Commissioner of Police [2015] QDC 224

Harvey v Commission of Police [2019] QDC 106

Logan City Council v Brookes [2020] QDC 24

Re Finlayson, Ex parte Finlayson (1997) 72 ALJR 73

COUNSEL:

J. Underwood for the respondent.

Appellant was self-represented.

SOLICITORS:

Ipswich City Council Legal Unit for the respondent.

Appellant was self-represented.

Introduction

1. The appellant was convicted of three charges in the Magistrates Court at Ipswich on 7 January 2021. The appellant was convicted in his absence.

2. The charges were two counts (charges one and three) of contravention of an enforcement notice, under s 168(5) of the Planning Act 2016 (Qld), with the offences occurring 28 June 2019 and 3 January 2020. The second charge was using insulting, offensive, or threatening language in relation to an authorised officer, contravening s.36(a) of the Ipswich City Council Local Law No 1 (Administration) 2013, which occurred 4 November 2019.

3. The appellant was fined $10,000 for the first offence, $500 for the second offence and $20,000 for the third offence. Convictions were recorded.

4. The appeal is against conviction pursuant to s 222 of the Justices Act 1886 (Qld).

Circumstances of the appeal

1. While it was before the Magistrates Court, the appellant’s case was, on 21 July 2021, listed for hearing on 7 January 2022. The day prior to that hearing, on 6 January 2022, the appellant provided his outline of argument.[1] On the day of the hearing, the appellant emailed the Court notification he was unwell and unable to attend the hearing.[2] He did not request an adjournment. He was convicted in his absence, pursuant to s 142A(4)(a) of the Justices Act 1886 (Qld).

   [1] Exhibit 1.

   [2] Transcript.

2. This course of action is open to “simple offences” where the complaint is made by a “public officer”. Such a situation was presented here, as the offences are punishable summarily,[3] and the complaint was made by a public officer.

   [3]Justices Act 1886 (Qld) s 4 definition of “simple offence”.

3. Subsection…