Prince v Queensland Police Service

[2015] QCA 242

[2015] QCA 242

COURT OF APPEAL

FRASER JA
PHILIPPIDES JA
JACKSON J

CA No 136 of 2015
DC No 89 of 2014

PRINCE, Arthur  Applicant

v

QUEENSLAND POLICE SERVICE  Respondent

BRISBANE

THURSDAY, 26 NOVEMBER 2015

JUDGMENT

FRASER JA:  This is an application for an extension of time within which to apply for leave to appeal from a decision of the District Court.  The applicant was convicted, after a trial in the Magistrates Court, of driving a motor vehicle at a speed over the speed limit.  At the trial, the prosecution called evidence from two police officers.  The applicant chose not to call or give evidence.  The Magistrate, having heard the evidence, made findings which established that the speeding offence had been committed.

On the appeal to the District Court, the District Court Judge found no error in the decision by the Magistrate which would justify appellate intervention under s 222 of the Justices Act 1886 (Qld). The applicant’s explanation for the delay in appealing is not a satisfactory explanation. He refers to evidence which he wished to obtain but was unable to obtain within the time limit. Evidence is generally not admissible in an appeal of this kind. More importantly, the submissions by the applicant do not identify or assert any particular error in the decision by the District Court Judge to refuse the appeal to the District Court.

There being no basis at all for thinking there has been any injustice, I would refuse the application for an extension of time.

PHILIPPIDES JA:  I agree.

JACKSON J:  I agree.

FRASER JA:  That will be the order of the Court.  Adjourn the Court.