Storry v Commissioner of Police

[2024] QCA 98

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Criminal appeals
3. › Leave to appeal from District Court to Court of Appeal
4. › Successive applications for leave to appeal
5. › Whether Court of Appeal has jurisdiction to entertain third application for leave to appeal
6. › Whether finality principle precludes further application
7. › District Court of Queensland Act 1967 (Qld), s 118(3)
8. › Justices Act 1886 (Qld), ss 222, 223
1. Practice and Procedure
2. › Court of Appeal
3. › Single judge of appeal
4. › Adjournment to full court
5. › Whether application should be referred to three judges of appeal
6. › Whether single judge could exercise jurisdiction under s 44
7. › Supreme Court of Queensland Act 1991 (Qld), s 44
1. Practice and Procedure
2. › Fresh evidence and new evidence
3. › Application to adduce evidence not available at trial
4. › Alleged prosecutorial non-disclosure
5. › Whether material constituted fresh or new evidence

Quick Take

The jurisdiction to entertain successive applications for leave to appeal under s 118(3) of the District Court of Queensland Act 1967 remains contestable, and cogent reasons must be provided, with the finality principle applying with increasing force to each successive application.