Mathews v Cabrera

[2010] QCA 300

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Right of appeal
3. › Criminal appeals from Magistrates Court
4. › Appeal under s 222 Justices Act 1886 (Qld)
5. › Whether interlocutory order susceptible to appeal
6. › Adjournment order
7. › Justices Act 1886 (Qld), s 222
1. Appeal
2. › Right of appeal
3. › Criminal appeals from Magistrates Court
4. › Whether party aggrieved by order in their favour
5. › Whether date of order capable of appeal
6. › Justices Act 1886 (Qld), s 222
1. Practice and Procedure
2. › Leave to appeal
3. › Application for leave under s 118 District Court of Queensland Act
4. › Whether leave should be granted

Quick Take

An adjournment order by a magistrate is interlocutory and not susceptible to appeal under s 222 of the Justices Act 1886 (Qld). The date on which a dismissal order is made is not itself an appealable order, and a defendant cannot be aggrieved by a dismissal order made in their favour.