District Court

McCurley v Commissioner of Police [2017] QDC 080 (15/89) Long SC DCJ 6 April 2017

Full-text: QDC17-080.pdf

Catchwords

APPEAL – s 222 of the Justices Act 1886 – Where the appellant appeals against her conviction of being in charge of a motor vehicle whilst under the influence of a drug or liquor – Where the only ground of appeal is directed at the Magistrate’s finding of the fact of the influence of a drug, in the absence of any evidence as to observable indicia of such influence – Whether the Magistrate erred as to the construction and effect of the definition of “drug” in Schedule 4 of the Transport Operations (Road Use Management) Act 1995 – Whether, at the material time, the appellant was proven, beyond reasonable doubt, to be “under the influence of a drug”

APPEAL – s 222 of the Justices Act 1886 – powers of the District Court pursuant to s 225 of the Justices Act 1886 – Whether s 79(5) of the Transport Operations (Road Use Management) Act 1995 requires the Court, in dealing with the matter on appeal, to convict the appellant of the offence under s79(2AA)