Date: 23 June 2023
Court/Tribunal: District Court of Queensland
Judicial Officer/Tribunal Member: Smith DCJA
Human Rights Act 2019 (Qld) Sections: s 31, 32
Rights Considered: Right to a fair hearing; Rights in criminal proceedings.
Other Legislation: Acts Interpretation Act 1954 (Qld) ss 7, 23, 49A, sch 1; Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (Qld) s 5; Childrens Court Act 1992 (Qld) s 14; Corporations Act 2001 (Cth) s 206B; Criminal Code Act 1899 (Qld) s 7; Criminal Code 1899 (Qld) ss 2, 3, 16, 25, 31; Evidence Act 1977 (Qld) ss 43, 45, 46B, 48, 50; Justices Act 1886 (Qld) ss 19, 22A, 30, 42, 222, 223, 225; Magistrates Act 1991 (Qld) s 8; Penalties and Sentences Act 1992 (Qld) ss 3, 179A, 179C; Penalties and Sentences Regulation 2015; Police Powers and Responsibilities Act 2001 (Qld) ss 60, 382; State Penalties Enforcement Act 1999 (Qld) ss 15, 16, 27; Statutory Instruments Act 1992 (Qld) s 7; Transport Operations (Road Use Management) Act 1995 (Qld) ss 4, 80, 123V; Transport Operations (Road Use Management – Driver Licensing) Regulation 2021 (Qld) ss 256, 257, sch 2, sch 5; Transport Operations (Road Use Management - Road Rules) Regulation 2009 (Qld) s 68.
Keywords: Criminal Law and Corrective Services: Police, Prosecution, Sentencing; Public Law Considerations: Fair trial, Arbitrary and unlawful.

This case concerned an appeal against a conviction and sentence imposed for the appellant’s failure to give way to a motor car vehicle or pedestrian at a stop sign. The appellant referred to their right to a fair hearing (section 31) and submitted that law relating to failing to give way is an arbitrary and invalid law. The court acknowledged that the appellant is entitled to the charge being decided by a competent and impartial court under s 31 and 32 of the Human Rights Act 2019 (Qld) but was satisfied that the trial was fair. The court did not engage in any substantive discussion. The appeal was dismissed.

Visit the judgment: Jones v Commissioner of Police [2023] QDC 113