Queensland Police Service v Tobane

In the matter of Queensland Police Service v Tobane, the appellant, Tobane, was convicted of obstructing police officers in the execution of their duties under s 448 of the Criminal Code (Qld). The matter came before the Queensland Court of Appeal which was required to consider whether the elements of the offence of obstructing police officers included the requirement of intention to obstruct. The matter was remitted back to the Magistrates Court at Rockhampton for rehearing before a different magistrate.
The court found that the requirement of intention to obstruct was not an element of the offence of obstructing police officers under s 448 of the Criminal Code (Qld). The court found that the objective test for establishing whether an act constituted an obstruction was whether a reasonable police officer would consider the act to be an obstruction. The court found that the trial magistrate erred in requiring proof of intention to obstruct as an element of the offence. The court found that the trial magistrate had applied the incorrect legal test in determining whether Tobane had obstructed police officers.
The appeal was allowed and the decision of the acting magistrate on 26 November 2009 was set aside. The matter was remitted back to the Magistrates Court at Rockhampton for rehearing before a different magistrate.