Russell Gordon Haig Mathews v Commissioner of Police

[2012] HCASL 64

RUSSELL GORDON HAIG MATHEWS

v

COMMISSIONER OF POLICE

[2012] HCASL 64
B1/2012

1. The applicant was charged with four counts of using a carriage service to menace, harass or cause offence.  During the committal proceedings the Magistrate referred to the District Court of Queensland a question about the applicant's fitness to be tried.  The applicant sought to appeal to the District Court against the order referring the issue of fitness but the District Court Judge (Judge O'Brien) held the appeal to be incompetent and dismissed it.

2. The Court of Appeal (White JA, Margaret Wilson AJA and Douglas J) concluded that the decision of Judge O'Brien was right.  The Court of Appeal therefore refused leave to appeal.

3. The Court of Appeal was plainly right.

4. Pursuant to r 41.10.5 of the High Court Rules 2004 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
10 May 2012 S.M. Crennan