DISTRICT COURT OF QUEENSLAND
CITATION:
Senior Constable Sheehan v Leo [2016] QDC 131
PARTIES:
SENIOR CONSTABLE RUSSELL SHEEHAN
(appellant)v
RYAN DANIEL LEO
(respondent)FILE NO/S:
BD-4690/15
DIVISION:
Appellate
PROCEEDING:
Appeal
ORIGINATING COURT:
Maroochydore Magistrates Court
DELIVERED ON:
3.6.16
DELIVERED AT:
Maroochydore District Court
HEARING DATE:
22.4.16
JUDGE:
Robertson DCJ
ORDER:
Appeal allowed.
The costs order made below is set aside, otherwise her Honour’s orders remain in place.
The parties are invited to submit orders as to the costs of the appeal and the hearing below.
Liberty to apply within 14 days.
CATCHWORDS:
APPEAL; COSTS: charges of fraud were dismissed by the learned Magistrate on the ground of unsoundness of mind; whether the case was one of “special difficulty, complexity or importance”; whether her Honour, in awarding a higher amount for costs, applied the wrong test and misdirected herself and so erred in the exercise of her discretion pursuant to s 158B(2) of the Justices Act 1886.
Cases considered
Allisonv Channel Seven Queensland Pty Ltd [2015] QDC 111
Cullinane v McCahon [2014] QDC 120
Durrant v Gardiner [2000] QDC 198
Palmgrove Holdings Pty Ltd v Sunshine Coast Regional Council [2014] QDC 77
R v Dillon; Ex-parte Attorney-General [2015] QCA 155
R v Easton [1994] 1 Qd.R. 531
Travers v McDonagh; Carey v La Rocca [2013] QDC 177
Whitby v Stockair Pty Ltd & Anor [2015] QDC 79
Legislation considered
Criminal Code 1899
Drugs Misuse Act 1986
Justices Act1886
Justices Regulation 2004
COUNSEL:
Cummings, G. of Counsel for the appellant
Lewis, S. of Counsel for the respondent
SOLICITORS:
Office of the Director of Public Prosecutions for the appellant
Bernard Bradley & Associates for the respondent
Introduction
On 2 November 2015, after a short one day hearing in the Maroochydore Magistrates Court on 9 September 2015, her Honour Magistrate Hennessy found the respondent (Mr Leo) not guilty of 3 counts of fraud on the ground of unsoundness of mind. The complainant police officer has appealed against the dismissal of the charges and an order for costs setting out in his initial notice of appeal, (5) grounds in all.
On 2 March 2016 an amended notice of appeal was filed abandoning all grounds relating to the dismissal of the charges and seeking to agitate only two grounds relating to costs (the second of which was an additional ground):
· Her Honour erred in classifying the matter as involving special difficulty, complexity or importance when determining appropriate costs.
· She erred in not using, as a guide, the costs allowed for as per the scale of costs in the Justices Regulation2004 when awarding costs under s 158B(2) of the Justices Act 1886.
The last ground as I have said was added, and Mr Leo does not object to it being added as a ground of appeal, and I give leave to…
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- AGLC
- Senior Constable Sheehan v Leo [2016] QDC 131
- Case
- [2016] QDC 131
- Decision Date
CaseChat Overview and Summary
The legal issues revolved around whether the magistrate applied the correct test when awarding costs and if she erred in exercising her discretion under section 158B(2) of the Justices Act 1886. It was argued that the magistrate might have misdirected herself by applying an inappropriate test for determining the amount of costs. The court needed to assess if this error affected the overall fairness and correctness of the costs order.
The court examined the magistrate's reasoning and found that there was indeed a misapplication of the test for awarding costs. The magistrate had considered factors that were not relevant to the specific statutory provision, leading to an erroneous outcome. As a result, the court concluded that the appeal should be allowed, and the costs order was set aside. The remaining orders from the magistrate were upheld, and the parties were invited to submit orders regarding the costs of the appeal and the original hearing. Liberty to apply for further orders was granted within 14 days.
Orders
Orders of the court
Appeal allowed.
The costs order made below is set aside, otherwise her Honour’s orders remain in place.
The parties are invited to submit orders as to the costs of the appeal and the hearing below.
Liberty to apply within 14 days.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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