Date: 16 March 2022
Court: District Court of Queensland
Judicial Officer: Long SC, DCJ
Human Rights Act 2019 (Qld) Sections: ss 34, 48
Rights Considered: Right not to be tried or punished more than once
Other Legislation: Acts Interpretation Act 1964 s 4, 45; Criminal Code Act 1899 ss 2, 7, 11, 16, 17, 229B, 328, 328A, 365A, 365C, 585, 624, 648, 650, 651, 651; Justices Act 1886 ss 222, 223, 225; Penalties and Sentences Act 1992 ss 187, 189; Transports Operations (Road Use Management) Act 1996 ss 79, 79A, 80, 86, 90A, 90B, 90D.
Keywords: Criminal Law and Corrective Services: Double Jeopardy

The matter involved a Section 222 Justices Act appeal. The respondent had been charged with dangerously operating a motor vehicle while adversely affected by an intoxicating substance and a permanent stay had been granted by the Magistrates Court to avoid abuse of justice that would occur if a further period of mandatory disqualification was imposed for the failure to supply a specimen of breath charge. This order was set aside by the District Court. In the circumstances of this case, the conduct of failing to supply a specimen was found to be separate conduct. The human right not to be tried or punished more than once (section 34) was considered to be referable to the common law “double jeopardy” principle and was identified as relevant, but not substantively discussed.

Visit the judgment: Commissioner of Police v Keating-Jones [2022] QDC 56