R v Ruthven

[2013] QCA 142

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › From District Court to Court of Appeal
4. › Appeal in strict sense
5. › Confined to questions of law
6. › Whether applicant identified arguable error of law
7. › Whether substantial injustice occasioned
8. › District Court of Queensland Act 1967 (Qld), s 118(3)
1. Appeal
2. › Extension of time
3. › Application to extend time for filing application for leave to appeal
4. › Whether good reason for delay
5. › Whether in interests of justice
6. › Criminal Practice Rules 1999 (Qld), r 85
1. Criminal Law
2. › Traffic offences
3. › Speeding
4. › Identification of vehicle by radar device
5. › Findings of fact by magistrate
6. › Whether findings open on the evidence

Quick Take

An appeal to the Queensland Court of Appeal from the District Court exercising its appellate jurisdiction under s 118(3) of the District Court of Queensland Act 1967 is an appeal in the strict sense confined to questions of law; a challenge to findings of fact based on conflicting oral testimony does not identify an arguable error of law sufficient to warrant leave.