Bradshaw v A-G

[1998] QCA 42

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Contempt of court
3. › Conviction under s 129 District Court Act 1967
4. › Whether right of appeal to Court of Appeal
5. › Whether s 118 District Court Act includes right of appeal against contempt conviction
6. › District Court Act 1967 (Qld), ss 118, 129
1. Statutory Interpretation
2. › Extrinsic material
3. › Explanatory notes
4. › Whether ordinary meaning manifestly absurd or unreasonable
5. › Whether extrinsic material can assist interpretation or amounts to amendment of statute
6. › Acts Interpretation Act 1954 (Qld), s 14B(1)(b)
1. Appeal
2. › Right of appeal
3. › Statutory basis required
4. › Exclusion of appeal from judgment of District Court exercising criminal jurisdiction
5. › Courts Reform Amendment Act 1997 (Qld), s 47
6. › District Court Act 1967 (Qld), s 118(1)
1. Administrative Law
2. › Prerogative relief
3. › Certiorari
4. › Alternative remedy where statutory appeal excluded
5. › District Court Act 1967 (Qld), s 29
6. › Judicial Review Act 1991 (Qld), ss 3, 41

Quick Take

Following the 1997 amendments to s 118 of the District Court Act 1967, there is no statutory right of appeal (including by leave) from a conviction for contempt under s 129 of that Act, because such a conviction is a judgment of a District Court exercising criminal jurisdiction excluded by s 118(1). The remedy lies in certiorari under s 29. Section 14B(1)(b) of the Acts Interpretation Act 1954 does not authorise a court to read words into a provision whose meaning is clear, even where the result is unreasonable; to do so would be to amend rather than interpret the statute.