Storry v Commissioner of Police

Case

[2018] QCA 291

26 October 2018


Details
AGLC Case Decision Date
Storry v Commissioner of Police [2018] QCA 291 [2018] QCA 291 26 October 2018

CaseChat Overview and Summary

The appeal in Storry v Commissioner of Police concerns the applicant’s conviction in the Magistrates Court for failure to give way at an intersection governed by a stop sign. After her appeal to the District Court was dismissed, the applicant sought leave to appeal to the Court of Appeal. The central issue before the Court of Appeal was whether the applicant should be granted leave to appeal the decision of the District Court. The Court of Appeal had to consider the criteria for granting leave to appeal, including whether the decision of the District Court involved a significant question of law of general public importance, or whether the decision of the District Court was erroneous.

The Court of Appeal held that the appeal was not within the Court's jurisdiction to grant leave as the appeal did not involve a significant question of law of general public importance, nor was the decision of the District Court erroneous. The Court emphasised that the standard for granting leave to appeal from the District Court is stringent, and that the applicant must demonstrate a compelling reason for the Court of Appeal to intervene. The Court of Appeal concluded that the applicant had not met this high threshold, and therefore dismissed the application for leave to appeal.

As a result of the Court of Appeal's decision, the applicant's conviction in the Magistrates Court and the subsequent dismissal of her appeal in the District Court remain undisturbed. The Court of Appeal’s order was that the application for leave to appeal be dismissed, with costs.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Jurisdiction

  • Costs

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Most Recent Citation
Storry v Clout [2024] FCA 1274

Cases Citing This Decision

20

McDonald v Bell [2020] ICQ 7
Cases Cited

2

Statutory Material Cited

3