District Court

Rowley v Commissioner of Police [2017] QDC 088 (16/2215) Moynihan QC DCJ 21 April 2017

Full-text: QDC17-088.pdf

Catchwords

CRIMINAL LAW – CRIMINAL LIABILITY AND CAPACITY – DEFENCE MATTERS – MISTAKE OF FACT – where the defendant relied upon mistake of fact under s 24 Criminal Code (Qld) – where the appellant’s belief was found not to be reasonable – whether the magistrate applied the correct test

CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE – BIAS – where the magistrate refused to read material filed with the court by the appellant – where the magistrate indicated there may be prejudicial material or inadmissible evidence – whether the magistrate had communication with the prosecution – whether the magistrate was biased or partial

CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE – OTHER IRREGULARITIES – where on summary trial the appellant was self-represented – where the issue of distraction was not addressed in closing by either party – where the magistrate’s final decision was premised on a finding of distraction – where the magistrate did not indicate that distraction was an issue for consideration – where the magistrate refused to read material filed with the court by the appellant – whether there was evidence for a finding of distraction – whether the appellant was denied a chance to fully argue a case – whether the appellant’s trial was unfair