R v Wood

[2023] QCA 153

SUPREME COURT OF QUEENSLAND

CITATION:

R v Wood [2023] QCA 153

PARTIES:

R
v
WOOD, Ian Andrew
(applicant)
GUEST, Rachel
(second respondent)

FILE NO/S:

CA No 314 of 2021
DC No 469 of 2020

DIVISION:

Court of Appeal

PROCEEDING:

Application for Leave s 118 DCA

ORIGINATING COURT:

District Court at Brisbane – Unreported, 13 May 2021 (Barlow KC DCJ); District Court at Charleville – Unreported, 5 November 2021 (Barlow KC DCJ)

DELIVERED ON:

28 July 2023

DELIVERED AT:

Brisbane

HEARING DATE:

26 July 2023

JUDGES:

Mullins P, Boddice JA and Bradley J

ORDERS:

1.   Application for leave to appeal struck out.

2.   No order as to costs.

CATCHWORDS:

APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – POWERS OF COURT – COSTS – where the applicant was charged with assault occasioning bodily harm on indictment in the District Court – where the first respondent issued a subpoena to the employer of the second respondent to produce a telephone recording and full metadata for the call record – where the second respondent provided a certificate under s 95 of the Evidence Act 1977 (Qld) in response to the subpoena – where the applicant alleged that there was non-compliance with the subpoena – where the applicant applied for the second respondent to be dealt with for contempt – where the contempt application was dismissed – where the primary judge ordered costs against the applicant in favour of the second respondent – where the primary judge amended the costs order under the slip rule – where the applicant applies for leave to appeal against the primary judge’s costs orders – where the applicant had not obtained leave to appeal from the primary judge under s 118B of the District Court of Queensland Act 1967 (Qld) – where the application for leave to appeal was struck out as incompetent

District Court of Queensland Act 1967 (Qld), s 118B

ASIC v Jorgensen & Ors[2009] QCA 20, cited
State of Queensland v Munro[2014] QCA 231, cited

COUNSEL:

The applicant appeared on his own behalf
M B Lehane for the first respondent
R A Perry KC for the second respondent

SOLICITORS:

The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the first respondent
Carter Newell Lawyers for the second respondent

1. THE COURT: Mr Wood was charged on District Court indictment number 469 of 2020 with one count of assault occasioning bodily harm. Contemporaneously with the events that resulted in the charge, Mr Wood was on the telephone to an employee of Energex Limited regarding an issue with power supply. Mr Wood applied to Energex through a Right to Information request for a copy of the recording of the telephone call. The recording that was supplied had been edited to remove the 74 seconds of audio which captured the assault. Eventually Energex provided a second copy where the 74 seconds had been added back into the audio but Mr Wood was dissatisfied that it had been added back into the…