
- Unreported Judgment
Appeal Determined (QCA)
SUPREME COURT OF QUEENSLAND
CITATION: |
Wassmuth v Commissioner of Police [2018] QCA 320 |
PARTIES: |
WASSMUTH, Candice Louise |
FILE NO/S: |
CA No 247 of 2017 DC No 337 of 2016 |
DIVISION: |
Court of Appeal |
PROCEEDING: |
Application for Leave s 118 DCA (Criminal) – Further Orders Appeal against Conviction – Further Orders |
ORIGINATING COURT: |
District Court at Townsville – Date of Conviction: 22 September 2017 (Durward SC DCJ) |
DELIVERED ON: |
16 November 2018 |
DELIVERED AT: |
Brisbane |
HEARING DATE: |
Heard on the papers |
JUDGES: |
Philippides JA and North and Henry JJ |
ORDERS: |
|
CATCHWORDS: |
CRIMINAL LAW – APPEAL AND NEW TRIAL – COSTS District Court of Queensland Act 1967 (Qld), s 118, s 119 Wassmuth v Commissioner of Police [2018] QCA 290, referred to |
COUNSEL: |
J A Greggery QC for the applicant M L Franklin for the respondent |
SOLICITORS: |
Purcell Taylor Lawyers for the applicant Director of Public Prosecutions (Queensland) for the respondent |
- [1]
THE COURT: On 26 October 2018 the parties were directed to lodge and serve written submissions with respect to the costs of the proceedings in this Court. For the reasons published that day the applicant was successful in obtaining a grant of leave to appeal and in the appeal under s 118(3) of the District Court of Queensland Act 1967 (“the Act”).[1]
- [2]
In those premises the applicant sought an order for the costs of the appeal under s 119(2)(c) of the Act. But it is not necessary to consider this further as the parties have agreed on the orders. Accordingly it is ordered that:
- (a)
The respondent pay the applicant’s costs of the appeal in this Court to be assessed on the standard basis if not otherwise agreed.
- (b)
There be no further order as to costs.
Footnotes
[1] See Wassmuth v Commissioner of Police [2018] QCA 290.