Date: 3 November 2022
Court: Supreme Court of Queensland
Judicial Officer: Bowskill CJ
Human Rights Act 2019 (Qld) Sections: ss 31, 32
Rights Considered: Right to a fair hearing; Rights in criminal proceeding
Other Legislation: N/A
Keywords: Criminal Law and Corrective Services; Civil Procedure.

The case concerned an application for a permanent stay of all the charges faced by the applicant in the Magistrates Court. The applicant broadly contended that he would never be in a position to obtain a fair and impartial hearing as the charges brought against him were fabricated ‘due to a sexual relationship between…[his] former de facto wife…and the arresting officer...’

The applicant submitted that there was a high probability that a permanent stay would be granted having regard to section 31(1) of the Human Rights Act 2019 (Qld) which provides that a person charged with a criminal offence has the right to have charges decided by a competent, independent and impartial court after a fair and public hearing. The Court stated that there was no basis to conclude that section 32 of the Human Rights Act 2019 (Qld) would be disrespected in relation to the committal hearing or any consequential trial. No further substantive discussion of human rights was engaged.

The application was dismissed.

Visit the judgment: Dupois v Queensland Police & Anor [2022] QSC 241