Commissioner of Police v Stehbens

[2013] QCA 81

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Particular offences
3. › Offences against peace and public order
4. › Assaulting police officer acting in execution of duty
5. › Defence of honest and reasonable mistake of fact
6. › Whether prosecution excluded beyond reasonable doubt mistaken belief complainant was not police officer
7. › Criminal Code 1899 (Qld), ss 24, 340(1)(b)
1. Appeal
2. › Appeal from summary conviction
3. › Appeal to District Court by way of rehearing on evidence
4. › Adequacy of reasons
5. › Whether District Court Judge gave adequate reasons for allowing appeal and entering verdict of acquittal
6. › Justices Act 1886 (Qld), ss 222, 223, 225
1. Appeal
2. › Appeal from District Court to Court of Appeal
3. › Leave to appeal under s 118 District Court of Queensland Act 1967 (Qld)
4. › Substantial injustice and arguable error of law
5. › Whether failure to give adequate reasons constitutes appealable error of law
1. Appeal
2. › Powers of Court of Appeal
3. › Whether to remit or determine matter itself
4. › District Court of Queensland Act 1967 (Qld), s 119

Quick Take

A District Court judge sitting on appeal from a Magistrates Court conviction must provide adequate reasons for concluding that the magistrate could not have been satisfied beyond reasonable doubt that a defence was excluded; merely referring to 'the state of the evidence' without analysis is insufficient. Where four prosecution witnesses consistently testify that a police badge was produced in response to the accused's own demand, and the magistrate has made adverse credibility findings against the accused, it is open to the magistrate to reject the accused's evidence of not seeing the badge and thereby exclude the defence of honest and reasonable mistake of fact under s 24 of the Criminal Code 1899 (Qld).