Burke v Commissioner of Police

[2016] QCA 184

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Criminal appeal
3. › Leave to appeal
4. › From District Court exercising appellate jurisdiction
5. › Whether appeal necessary to correct substantial injustice
6. › Whether reasonable argument of error to be corrected
7. › District Court of Queensland Act 1967 (Qld), s 118(3)
1. Appeal
2. › Criminal appeal
3. › Scope of appeal
4. › Whether appeal under s 118(3) limited to error of law
5. › Categories where leave may be granted
6. › District Court of Queensland Act 1967 (Qld), s 118(3)
1. Criminal Law
2. › Summary offences
3. › Drunk and disorderly
4. › Obstructing police officer
5. › Serious assault by spitting
6. › Credibility findings
7. › Whether verdict unreasonable
8. › Liquor Act 1992 (Qld), s 164(1)(a)
9. › Police Powers and Responsibilities Act 2000 (Qld), s 790(1)
10. › Criminal Code (Qld), s 340(1)(b), s 340(a)(i)

Quick Take

The established test for leave to appeal under s 118(3) of the District Court of Queensland Act 1967 (Qld) — requiring demonstration that an appeal is necessary to correct a substantial injustice and a reasonable argument of error — was applied to refuse leave where the applicant merely repeated factual contentions without identifying error of law. McMurdo P's obiter observations suggest the categories for granting leave under s 118(3) may not be closed and may extend beyond errors of law, but this was not endorsed by the full bench.