DISTRICT COURT OF QUEENSLAND
CITATION:
Scanlon v Queensland Police Service [2011] QDC 236
PARTIES:
JOHN SIMON SCANLON
(Appellant)v
QUEENSLAND POLICE SERVICE
(Respondent)FILE NO:
Appeal D2/10
DIVISION:
Appeals
PROCEEDING:
Appeal
ORIGINATING COURT:
District Court of Queensland
DELIVERED ON:
10 October 2011
DELIVERED AT:
Brisbane
HEARING DATE:
Written Submissions to 6 October 2011
JUDGE:
Andrews SC, DCJ
ORDER:
Order that the appellant pay $1,800 costs to be paid to the Registrar at Brisbane of the District Court of Queensland to be paid to the respondent within twelve months of today.
CATCHWORDS:
COSTS OF APPEAL – Justices Act s 222 appeal – where appellant unsuccessful – whether costs should follow the event – whether respondent’s failure to agree to change of venue was conduct disentitling it to costs – where respondent’s submissions unhelpful – whether unhelpfulness of the respondent’s submissions disentitled it to costs – where appellant had arguable appeal point – whether the appellant’s arguable point was sufficient basis to make no order as to costs – whether there is a practice in appeals from decisions involving a charge of public nuisance to make no order as to costs – whether there is a public interest basis to make no order as to costs of appeals from convictions for minor charges – whether costs should be assessed
Justices Act 1886 s 222, s 226, s 232 and s 232A
Justices Regulation2004 (Qld) Schedule 2 Part 2, Schedule 2 s 3
COUNSEL:
SOLICITORS:
Robinson and Robinson Lawyers for the Appellant
C A Bradley, Queensland Police Service Solicitor for the Respondent
The appellant, Mr Scanlon, was convicted of one count of public nuisance in the Longreach Magistrates Court on 25 August 2010. The public nuisance arose from his use of indecent language to two police officers in the earshot of members of the public in a public place. Mr Scanlon was fined $450 and no conviction was recorded. Mr Scanlon admitted the use of the language but denied an offence on several bases. One basis involved a question of principle. Essentially it was that in the circumstances in which he spoke to police officers his use of admitted language was not obscene. He appealed pursuant to s 222 of the Justices Act 1886 to the District Court of Queensland. The hearing was on 19 and 20 September 2011. The decision was handed down on 20 September 2011 and Mr Scanlon was unsuccessful in his appeal.
The Queensland Police Service (“QPS”), as respondent, sought costs. The QPS provided written submissions[1] and Mr Scanlon’s solicitor provided written submissions and supplementary submissions.[2]
[1]30 September 2011.
[2]3 and 6 October 2011.
The Justices Act s 226 applies. It provides:
“226 Costs
The Judge may make such order as to costs to be paid by either party as the Judge may think just.”
The Justices Act s 226 gives the Court a discretion to order costs “as…
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- Case
- [2011] QDC 236
- Decision Date
CaseChat Overview and Summary
The court rejected the argument that there was a practice governing the exercise of the discretion to order costs in the case of an appeal from a conviction for public nuisance. The court also found that the public interest implications did not persuade it to refuse the QPS its costs in this case. The court concluded that the appellant should pay $1,800 costs to be paid to the Registrar at Brisbane of the District Court of Queensland to be paid to the respondent within twelve months of today.
Orders
Orders of the court
Order that the appellant pay $1,800 costs to be paid to the Registrar at Brisbane of the District Court of Queensland to be paid to the respondent within twelve months of today.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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