Crossman v Queensland Police Service [2020] QDC 122 and 123

Crossman v Queensland Police Service [2020] QDC 122; Crossman v Queensland Police Service [2020] QDC 123

Date: 17 June 2020
Court: District Court of Queensland
Judicial Officer: Fantin DCJ
Human Rights Act 2019 (Qld) Sections: s 35
Rights Considered: Right to protection against retrospective criminal laws
Other Legislation: Justices Act 1886 ss 56, 222, 223, 225, 226, 232A; State Penalties Enforcement Act 1999 s 157; Transport Operations (Road Use Management) Act 1995 ss 60, 112, 113, 120, 124; Transport Operations (Road Use Management – Road Rules) Regulation 2009 s 20; Traffic Regulation 1962 ss 210C, 210F

Keywords: Criminal law proceedings; Appeal against conviction

The self-represented applicant appealed against two convictions for driving over the prescribed speed limit, stating that the Magistrates who handed down the convictions had erred with respect to section 35 of the Human Rights Act 2019 (Qld), which concerns the right to protection against retrospective criminal laws. During oral submissions, the Applicant abandoned this ground of appeal and the Human Rights Act 2019 (Qld) was not further mentioned in either of the proceedings.

These cases concerned an appeal by the self-represented Applicant against convictions for driving over the prescribed speed limit on two separate occasions. In his notice of appeal for both convictions, the Applicant argued that the Magistrates who had handed down the convictions had erred in respect of section 35 of the Human Rights Act 2019 (Qld). Section 35 concerns the right to protection against retrospective criminal laws. During oral submissions in these proceedings, the Applicant abandoned this ground of appeal and the Human Rights Act 2019 (Qld) was not further mentioned in either of the proceedings.

Visit the reported judgement: 
https://archive.sclqld.org.au/qjudgment/2020/QDC20-122.pdf
https://archive.sclqld.org.au/qjudgment/2020/QDC20-123.pdf