Andrews v Henderson

[2004] QCA 145

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Appeals from magistrates court to District Court
3. › Competency of appeal
4. › Whether appeal from final order or interlocutory ruling
5. › Magistrate's dismissal of complaint after adverse evidentiary ruling
6. › Whether order dismissing complaint appealable under s 222
7. › Justices Act 1886 (Qld), s 222
1. Criminal Law
2. › Evidence
3. › Admissibility
4. › Evidence obtained from searches
5. › Interlocutory ruling excluding evidence
6. › Whether interlocutory evidentiary ruling challengeable on appeal from final order
1. Criminal Law
2. › Evidence
3. › Proof
4. › Onus of proof
5. › Prosecution's entitlement to choose which evidence to call
6. › Whether failure to call available evidence renders appeal incompetent
1. Practice and Procedure
2. › Appeals
3. › Interlocutory orders
4. › Challenge on appeal from final judgment
5. › Whether interlocutory order affected the final result
6. › Gerlach v Clifton Bricks Pty Ltd (2002) 209 CLR 478

Quick Take

An appeal under s 222 of the Justices Act 1886 (Qld) from a magistrate's order dismissing a complaint is competent even where the ground of appeal challenges an interlocutory evidentiary ruling, provided the ruling affected the final result. The prosecution is entitled to choose which available evidence to call and is not obliged to rely on lesser proof when its primary evidence has been wrongly excluded.