Court of Appeal

White v Commissioner of Police [2014] QCA 121 (14/0001) Muir and Morrison JJA and Atkinson J 27 May 2014

Full-text: QCA14-121.pdf


APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – WHEN APPEAL LIES – BY LEAVE OF COURT – GENERALLY – where the applicant was convicted in the Magistrates Court of disobeying a speed limit and sentenced accordingly – where the applicant’s appeal to the District Court pursuant to s 222 of the Justice Act 1886 (Qld) was dismissed and costs were awarded against him – where the applicant seeks leave to appeal pursuant to s 118(3) of the District Court of Queensland Act 1967 (Qld) – where leave will only be granted where an appeal is necessary to correct a substantial injustice to the applicant or there is a reasonable argument that there is an error to be corrected – whether leave to appeal should be granted