Hendle v Commissioner of Police

[2020] QCA 26

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Appeal from District Court to Court of Appeal
4. › Criminal conviction
5. › Review of factual findings
6. › Whether findings unreasonable
7. › Whether overwhelming preponderance of evidence against findings
8. › District Court of Queensland Act 1967 (Qld), s 118(3)
1. Criminal Law
2. › Property offences
3. › Wilful damage
4. › Elements of offence
5. › Whether property destroyed or damaged wilfully and unlawfully
6. › Criminal Code (Qld), s 469(1)

Quick Take

Factual findings on appeal under s 118(3) of the District Court of Queensland Act 1967 may only be reviewed where there is an 'overwhelming preponderance' of evidence against them, making them 'unreasonable, and almost perverse'. Mere disagreement with credibility findings does not articulate a basis for appellate interference.