Mathews v Commissioner of Police

[2015] QCA 284

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Leave to appeal from District Court to Court of Appeal
4. › Whether appeal necessary to correct substantial injustice
5. › Whether reasonable argument of error to be corrected
6. › District Court of Queensland Act 1967 (Qld), s 118(3)
1. Criminal Law
2. › Appeal and new trial
3. › Appeal from Magistrates Court to District Court
4. › Scope of right of appeal under s 222 Justices Act
5. › Whether refusal to refer matter to Crime and Misconduct Commission is an 'order on a complaint'
6. › Justices Act 1886 (Qld), ss 4, 222(1)
1. Criminal Law
2. › Appeal and new trial
3. › Nature of appeal from District Court to Court of Appeal
4. › Distinction between rehearing on appeal to District Court and strict appeal on error of law to Court of Appeal

Quick Take

A magistrate is not a 'public official' under s 38 of the Crime and Misconduct Act 2001 (Qld) and has no statutory power to refer matters to the CMC. A refusal to refer matters to the CMC, made after the discharge of all charges, is not an 'order on a complaint' appealable under s 222(1) of the Justices Act 1886 (Qld). An appeal from the District Court to the Court of Appeal under s 118(3) of the District Court of Queensland Act 1967 (Qld) is a strict appeal on error of law, not a rehearing.