Gobus v Queensland Police Service

[2011] QCA 283

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Appeal from Magistrates Court to District Court
4. › Rehearing on original evidence
5. › Whether District Court judge required to form own conclusions on guilt
6. › Whether merely reviewing whether findings were open constitutes error of law
7. › Justices Act 1886 (Qld), s 222, s 223(1)
1. Appeal
2. › Criminal appeals
3. › Application for leave to appeal under s 118 District Court of Queensland Act 1967 (Qld)
4. › Error in conduct of appeal below
5. › Point not raised in court below
6. › Whether leave should be granted

Quick Take

A District Court judge hearing an appeal under s 223(1) Justices Act 1886 (Qld) must conduct the appeal as a rehearing on the original evidence, making their own assessment of the evidence and forming their own conclusions on guilt, having due regard to the magistrate's findings. It is not sufficient to merely assess whether the magistrate's conclusion was open on the evidence.