Gregory v The Commissioner of Police

DISTRICT COURT OF QUEENSLAND CITATION: Gregory v The Commissioner of Police [2019] QDC 36 PARTIES: GREGORY, Paul (Applicant) v THE COMMISSIONER OF POLICE (Respondent) FILE NO/S: DC 1671 of 2018 DIVISION: District Court PROCEEDING: Appeal against conviction ORIGINATING COURT: Magistrates Court at Wynnum DELIVERED ON: 28 March 2019 DELIVERED AT: Brisbane HEARING DATE: 8 February 2019 JUDGE: Loury QC DCJ ORDER: The appeal is dismissed. CATCHWORDS: CRIMINAL LAW – APPEAL AGAINST CONVICTION – where the appellant collided with a cyclist whilst turning right at an intersection controlled by traffic light – where the appellant failed to stop and exchange particulars with the cyclist – where the appellant was convicted of failing to give way and failing to stop at scene of the crash – where applicant sought leave to adduce new evidence – whether there was sufficient evidence for conviction – whether Magistrate pre-determined matter before evidence was called Justices Act 1886 (Qld) s 222, s 223 Transport Operations (Road Use Management – Road Rules) Regulations 2009 (Qld) r 15, r 62, r 287. Allesch v Maunz (2000) 203 CLR 172, cited Commissioner of Police v Al Shakarji [2013] QCA 319, cited Gallagher v The Queen (1986) 160 CLR 392, cited Pavlovic v Commissioner of Police [2007] 1 Qd R 344, cited SOLICITORS: Self-represented litigant for the Appellant Director of Public Prosecutions (Queensland) for the Respondent At around 5.30 pm on 13 June 2017, the appellant turned right at an intersection controlled by traffic lights and collided with a cyclist...