Burke v Commissioner of Police

[2019] QCA 158

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Extension of time
3. › Criminal appeal
4. › Whether proper explanation for delay
5. › Whether proposed appeal has prospects of success
6. › District Court of Queensland Act 1967 (Qld), s 118(3)
1. Appeal
2. › Leave to appeal
3. › Appeal from District Court in appellate jurisdiction
4. › Whether substantial injustice and reasonable argument of error
5. › District Court of Queensland Act 1967 (Qld), s 118(3)
1. Appeal
2. › Nature of appeal
3. › Strict appeal distinguished from rehearing
4. › Review of factual findings
5. › Whether findings supported by evidence or unreasonable
6. › District Court of Queensland Act 1967 (Qld), ss 118, 119
1. Criminal Law
2. › Summary offences
3. › Public nuisance
4. › Whether arrest was unlawful
5. › Whether subsequent withdrawal of charges retrospectively negated bail conditions

Quick Take

The case confirms that a bare assertion of 'getting legal advice' is insufficient to explain delay in filing an application for leave to appeal, particularly where the applicant has a history of self-representation. The subsequent withdrawal or discontinuance of charges does not retrospectively negate bail conditions that were extant at the time of an arrest for breach of those conditions.