Gobus v Queensland Police Service

[2013] QCA 172

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Appeal from District Court in appellate jurisdiction
3. › Leave to appeal
4. › Whether substantial injustice and reasonable argument of error demonstrated
5. › District Court of Queensland Act 1967 (Qld), s 118(3)
1. Appeal
2. › Nature of appeal
3. › Strict appeal versus rehearing
4. › Appeal from District Court exercising appellate jurisdiction to Court of Appeal
5. › Whether limited to errors of law
6. › District Court of Queensland Act 1967 (Qld), ss 118, 119(1)
1. Appeal
2. › Rehearing on the evidence
3. › Appellate review of findings of fact and credibility
4. › Deference to trial judge's advantage in seeing witnesses
5. › Whether findings open on the evidence
6. › Justices Act 1886 (Qld), s 222
1. Criminal Law
2. › Summary offences
3. › Wilful damage
4. › Sufficiency of evidence
5. › Whether discrepancies in prosecution evidence precluded satisfaction beyond reasonable doubt

Quick Take

Appeals from the District Court exercising appellate jurisdiction to the Court of Appeal are strict appeals limited to errors of law, not appeals by way of rehearing. The proviso in s 119(1) of the District Court of Queensland Act 1967 precludes the Court of Appeal from drawing inferences of fact inconsistent with the findings of the judge. Leave to appeal under s 118(3) requires demonstration of substantial injustice and a reasonable argument of error, and where findings of fact were open on the evidence, no error of law is established.