DISTRICT COURT OF QUEENSLAND
CITATION:
McQuinn v Dwyer [2021] QDC 252
PARTIES:
GRANT MCQUINN
(appellant)
v
DANIELLE DWYER
(respondent)
FILE NO:
59 of 2021
DIVISION:
Appellate
PROCEEDING:
Appeal
ORIGINATING COURT:
Magistrates Court at Mareeba
DELIVERED ON:
30 July 2021 ex tempore
DELIVERED AT:
Cairns
HEARING DATE:
30 July 2021
JUDGE:
Fantin DCJ
ORDER:
1. Leave granted to adduce new evidence.
2. Appeal allowed.
3. The Peace and Good Behaviour Order made on 15 March 2021 by the Magistrates Court at Mareeba is set aside.
4. Remit the matter for rehearing to the Magistrates Court at Mareeba according to law.
CATCHWORDS:
PEACE AND GOOD BEHAVIOUR –appeal pursuant to s 222 Justices Act 1886 – where the appellant appeals against a peace and good behaviour order made against him pursuant to s 7 of the Peace and Good Behaviour Act 1982 – where the appellant seeks leave to adduce new evidence on appeal – whether the evidence sought to be adduced is relevant – whether the evidence might reasonably have led the learned Magistrate to make a different order - whether evidence led in the Magistrates Court supported the “matters of complaint” on the balance of probabilities – whether the Magistrate made adequate findings as to the “matters of the complaint” – whether the appellant was afforded procedural fairness at the hearing
LEGISLATION:
Justices Act 1886 (Qld), s 222, s 223(1), s 223(2)
Peace and Good Behaviour Act 1982 (Qld) s 5, s 7, s 9CASES:
Briginshaw v Briginshaw [1938] 60 CLR 336
Gallagher v The Queen [1986] 169 CLR 392
Harvey v Walker [2016] QDC 180
Hughes v Talty & Anor [2015] QDC 145
Laidlaw v Hulett [1998] 2 Qd R 45
Pavlovic v Commissioner of Police [2007] 1 Qd R 344
Tolhurst v Villan [2018] QDC 263COUNSEL:
The appellant appeared on his own behalf
SOLICITORS: O’Reilly Stevens Lawyers for the respondent
FANTIN DCJ: This is an appeal from a decision of a Magistrate at Mareeba on 15 March 2021 to make an order under the Peace and Good Behaviour Act 1982 (Qld), (the Act). That date was the first return date for a complaint and summons filed by the respondent on 9 February 2021.
Magistrates Court decision
Both the appellant and the respondent appeared before the Magistrate self-represented. After hearing from each of them, the learned Magistrate made a Peace and Good Behaviour Order for a term of two years containing seven conditions. The conditions were as follows:
That the defendant keep the peace and be of good behaviour towards the complainant for a period of two years from this date.
The defendant must not:
1.Threaten to assault or do any bodily injury to the complainant or any person under the care or charge under the complainant;
2.Threaten to procure any other person to assault or to do any bodily injury to the complainant, or any person under the care or charge of the complainant; or
3.Threaten to damage any property of the…
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- AGLC
- McQuinn v Dwyer [2021] QDC 252
- Case
- [2021] QDC 252
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the new evidence was relevant and credible, and if it could reasonably have led the Magistrate to make a different order. The court considered the principles established in Pavlovic v Commissioner of Police and Gallagher v The Queen, which emphasise the need for special grounds to justify the departure from the rehearing rule in the Justices Act 1886. The court also examined whether the evidence led in the Magistrates Court supported the "matters of complaint" on the balance of probabilities and whether procedural fairness was observed.
The court found that the new evidence was relevant and credible and could reasonably have led to a different outcome. It was also determined that the Magistrate did not make adequate findings on the "matters of complaint," and the appellant was not afforded procedural fairness. Consequently, the court allowed the appeal, set aside the peace and good behaviour order, and remitted the matter to the Magistrates Court for a rehearing. The court granted leave to adduce new evidence and emphasised the importance of procedural fairness in future proceedings.
The final orders included granting leave to adduce new evidence, allowing the appeal, setting aside the peace and good behaviour order made on 15 March 2021, and remitting the matter for rehearing by the Magistrates Court at Mareeba according to law.
Orders
Orders of the court
1. Leave granted to adduce new evidence.
2. Appeal allowed.
3. The Peace and Good Behaviour Order made on 15 March 2021 by the Magistrates Court at Mareeba is set aside.
4. Remit the matter for rehearing to the Magistrates Court at Mareeba according to law.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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