Madden v Commissioner of Police

[2023] QCA 31

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Criminal proceedings
4. › Costs on dismissal of charges
5. › Whether costs order may be made after formal dismissal of charges
6. › Whether 'order of dismissal' in ss 158 and 159 encompasses a later formal order recording dismissal and specifying costs
7. › Justices Act 1886 (Qld), ss 149, 150, 151, 152, 157, 158, 158A, 159
1. Administrative Law
2. › Judicial review
3. › Procedural fairness
4. › Proceedings of judicial nature
5. › Whether Magistrate denied procedural fairness by dismissing charges without hearing foreshadowed costs application
1. Appeal
2. › Intermediate appellate court
3. › Departure from own previous decision
4. › Threshold for reconsideration
5. › Whether strong conviction that earlier decision was wrong
6. › Whether earlier decision should be reconsidered and departed from

Quick Take

A Magistrate retains power under ss 158 and 159 of the Justices Act 1886 (Qld) to hear and determine a costs application and to make a costs order even after charges have already been formally dismissed. The phrase 'order of dismissal' in those sections encompasses a later formal order recording the dismissal and specifying costs. Bell v Carter (1992) is no longer good law on this point. Separately, where a Magistrate is apprised of a foreshadowed costs application, dismissing charges without first hearing that application constitutes a denial of procedural fairness.