Sanchez v Commissioner of Police

The applicants, Mr and Mrs Sanchez, were found guilty in the Magistrates Court of Queensland of obstructing police and one of them was also found guilty of contravening a direction or requirement. They appealed against their convictions to the District Court, which dismissed their appeal. They then sought special leave to appeal to the Court of Appeal, the highest court in Queensland, arguing that the District Court judge had erred in construing section 365 of the Police Powers and Responsibilities Act 2000 (Qld). The applicants argued that the police officers had not lawfully entered their dwelling and that their arrest was therefore unlawful. The court was required to determine whether the District Court judge had erred in construing section 365 of the Police Powers and Responsibilities Act 2000 (Qld) and whether the police officers lawfully entered the Sanchez's dwelling and arrested them.

The Court of Appeal held that the District Court judge had not erred in construing section 365 of the Police Powers and Responsibilities Act 2000 (Qld). The court found that the police officers had lawfully entered the Sanchez's dwelling and that their arrest was therefore lawful. The court held that the applicants had failed to establish that the District Court judge had erred in law and that the appeal should therefore be dismissed. The Court of Appeal found that the applicants had not made out any grounds for special leave to appeal and refused leave to appeal in each application.

The Court of Appeal held that the District Court judge had not erred in construing section 365 of the Police Powers and Responsibilities Act 2000 (Qld). The court found that the police officers had lawfully entered the Sanchez's dwelling and that their arrest was therefore lawful. The court held that the applicants had failed to establish that the District Court judge had erred in law and that the appeal should therefore be dismissed. The Court of Appeal found that the applicants had not made out any grounds for special leave to appeal and refused leave to appeal in each application. The applicants' appeals against their convictions were dismissed.