Rodgers v Smith

[2006] QCA 353

SUPREME COURT OF QUEENSLAND

CITATION:

Rodgers v Smith [2006] QCA 353

PARTIES:

WILLIAM JOHN RODGERS
(applicant/applicant)
v
BRETT JOHN SMITH
(respondent/respondent)

FILE NO/S:

CA No 19 of 2006
DC No 1562 of 2004

DIVISION:

Court of Appeal

PROCEEDING:

Application for leave s 118 DCA (Criminal)

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

15 September 2006

DELIVERED AT:

Brisbane

HEARING DATE:

14 August 2006

JUDGES:

Jerrard and Keane JJA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for leave to appeal refused

CATCHWORDS:

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - QUEENSLAND - WHEN APPEAL LIES - BY LEAVE OF COURT - before an acting magistrate applicant convicted of possession of two category H weapons other than in accordance with the authority of a licence and without other lawful authority, justification or excuse - applicant's appeal to District Court dismissed - applicant seeks leave to appeal to this Court - whether an appeal is necessary to correct substantial injustice to applicant and whether there is reasonable argument that there is an error to be corrected

District Court of Queensland Act 1967 (Qld), s 118(3)

Pearson v Thuringowa City Council [2005] QCA 310; (2005) 142 LGERA 257, cited
Pickering v McArthur [2005] QCA 294; Appeal No 4013 of 2005, 16 August 2005, applied

COUNSEL:

The applicant appeared on his own behalf
R G Martin SC for the respondent

SOLICITORS:

The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

1. JERRARD JA:  I respectfully agree with the reasons for judgment of Keane JA, and the order proposed by His Honour.

1. KEANE JA:  The applicant seeks leave to appeal from the decision of McGill DCJ of 21 December 2005 whereby his Honour dismissed the applicant's appeal from a decision of an acting magistrate.  On 19 March 2004, the acting magistrate had convicted the applicant after a summary trial of a contravention of the Weapons Act 1990 (Qld) in that he was in possession of two category H weapons other than in accordance with the authority of a licence and without other lawful authority, justification or excuse. A conviction was recorded, a fine of $650 was imposed, the applicant was allowed nine months to pay, and the applicant was disqualified from holding or obtaining a weapons' licence for three years. The respondent to this application is a police officer involved in the apprehension of the applicant.

1. The applicant had admitted at his trial that he was in possession of the firearms.[1]  He had a licence to have possession of and use the weapons at an approved shooting range, but when they were not in use at an approved shooting range they were to be kept in secure storage.  When the applicant was found in possession of the weapons, he was not at an approved shooting range but, as McGill DCJ put it, was "wandering around the bush looking for a…