Storry v Commissioner of Police
Case
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[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.
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
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Appeal
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Jurisdiction
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Costs
Actions
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Most Recent Citation
Storry v Clout [2024] FCA 1274
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Cases Cited
2
Statutory Material Cited
3
Storry v Commissioner of Police
[2017] QDC 282
McDonald v Queensland Police Service
[2017] QCA 255
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[2017] QDC 282