Schafer v Commissioner of Police

[2019] QCA 292

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Extension of time
3. › Criminal appeal
4. › Application for leave to appeal
5. › Whether proper explanation for delay
6. › Whether proposed appeal has prospect of success
7. › Whether in interests of justice to grant extension
8. › 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. › Nature of appeal in strict sense
5. › Whether error shown on part of court below
6. › Whether substantial injustice to be corrected
7. › District Court of Queensland Act 1967 (Qld), s 118(3)
1. Criminal Law
2. › Summary offences
3. › Failure to provide breath specimen
4. › Whether evidence supported conviction
5. › Transport Operations (Road Use Management) Act 1995 (Qld), s 80(2), s 80(5A)
1. Criminal Law
2. › Summary offences
3. › Failure to state name to police officer
4. › Whether 'and' in s 40(1) PPRA can be read disjunctively
5. › Whether failure to prove all particulars of charge is fatal
6. › Police Powers and Responsibilities Act 2000 (Qld), s 40(1), s 41(b), s 633, s 791

Quick Take

The case confirms the comprehensive restatement of principles governing extensions of time and leave to appeal under s 118(3) of the District Court of Queensland Act 1967 as set out in Burke v Commissioner of Police [2019] QCA 158. The word 'and' in s 40(1) of the Police Powers and Responsibilities Act 2000 (Qld) may be read disjunctively, permitting a police officer to require a person to state their name or address or both.