DISTRICT COURT OF QUEENSLAND
CITATION:
Rosily v RSPCA [2022] QDC 32
PARTIES:
GILA GOLDA ROSILY
(appellant)
v
RSPCA
(respondent)FILE NO:
1322 of 2021
DIVISION:
District Court
PROCEEDING:
Appeal
ORIGINATING COURT:
Magistrates Court at Beenleigh
DELIVERED ON:
3 March 2022
DELIVERED AT:
Brisbane
HEARING DATE:
29 November 2021
JUDGE:
McDonnell DCJ
ORDER:
1. The Notice of Appeal is amended.
2. The application for leave to adduce additional evidence is dismissed.
3. The appeal is dismissed.
4. The orders made in the Magistrates Court are confirmed.
5. The appellant pay $6,043.32 costs and disbursements to the Registrar of the District Court at Brisbane within 28 days in order that such sum be paid over to the respondent.
CATCHWORDS:
CRIMINAL LAW – APPLICATION – LEAVE TO AMEND NOTICE OF APPEAL – where appellant brought oral application to amend notice of appeal – where application by consent – where appeal judge has discretion to grant leave to amend notice of appeal – where application allowed
CRIMINAL LAW – APPLICATION – LEAVE TO ADDUCE ADDITIONAL EVIDENCE – where appellant sought to issue numerous subpoenas to adduce additional evidence during appeal proceeding – whether sufficient special grounds exist for court to exercise direction to allow additional evidence – whether evidence available at first instance – whether evidence credible – whether admission of evidence likely to change outcome at first instance – whether it would be manifestly unjust to dismiss additional evidence – where application dismissed
CRIMINAL LAW – APPEAL – APPEAL AGAINST CONVICTION – APPEAL AGAINST SENTENCE – where appellant charged with multiple counts under Animal Care and Protection Act – where charges proceeded to trial over three days – where appellant convicted and sentenced on all counts to enter into recognisance to be on good behaviour – where learned Magistrate also imposed prohibition order in respect of possession, purchasing or acquisition of poultry – where appellant sought to appeal conviction, sentence and prohibition order – where appeal dismissed
LEGISLATION:
Animal Care and Protection Act 2001 (Qld) ss 12, 17, 183, 185, Schedule
Justices Act1886 (Qld) ss 222, 224, 225, 226, 232, 232A
Justices Regulation 2014 (Qld) Schedule 2
Penalties and Sentences Act 1992 (Qld) s 12
CASES:
Fox v Percy [2003] HCA 22; (2003) 214 CLR 118
House v The King (1936) 55 CLR 499
Pavlovic v The Commissioner of Police [2006] QCA 134; [2007] 1 Qd R 344
COUNSEL: The appellant appeared on her own behalf
Mr N Boyd for the respondent
SOLICITORS: The appellant appeared on her own behalf
RSPCA Prosecutions for the respondent
Introduction
Following a 3-day hearing in the Beenleigh Magistrates Court, on 27 May 2021, Gila Golda Rosily was convicted of animal welfare offences. She was found guilty of five (5) counts of failure to provide appropriate accommodation or living conditions under ss 17(2) and 17(3)(a)(ii) of the Animal Care and Protection Act 2001 (Qld) (
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- AGLC
- Rosily v RSPCA [2022] QDC 32
- Case
- [2022] QDC 32
- Decision Date
CaseChat Overview and Summary
The court addressed the appellant's application to amend the notice of appeal, noting that the appeal judge has discretion to grant such leave. The application by consent was allowed, thus permitting the amendment of the notice of appeal to include the prohibition order. Regarding the application to adduce additional evidence, the court examined whether there were special grounds for allowing new evidence. The court considered factors such as whether the evidence could have been produced at the trial, its credibility, and whether it might have led to a different outcome. The court found that the evidence was not credible and was available at the first instance, and thus dismissed the application for leave to adduce additional evidence.
The appeal was ultimately dismissed, and the orders of the learned Magistrate were confirmed. The court ordered Miss Rosily to pay $6,043.32 in costs and disbursements to the RSPCA within 28 days. This amount was to be paid to the Registrar of the District Court at Brisbane for onward payment to the RSPCA. The orders of the court finalised the case, upholding the original conviction and sentencing, as well as the prohibition order imposed by the Magistrate.
Orders
Orders of the court
1. The Notice of Appeal is amended.
2. The application for leave to adduce additional evidence is dismissed.
3. The appeal is dismissed.
4. The orders made in the Magistrates Court are confirmed.
5. The appellant pay $6,043.32 costs and disbursements to the Registrar of the District Court at Brisbane within 28 days in order that such sum be paid over to the respondent.
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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