In the case of Connor v Commissioner of Police [2024] QCA 217, Peter James Connor applied for leave to appeal his conviction from the Magistrates Court, which included charges for entering premises with intent and stealing property valued over $5,000. His previous appeal to the District Court, under s 222 of the Justices Act 1886, was dismissed due to an inadequate justification for the six-year delay in filing. The Court of Appeal was tasked with determining whether Connor's conviction involved any error of law or miscarriage of justice. Connor argued that the circumstantial evidence linking him to the 2013 Hervey Bay bottle shop burglary was flawed, highlighting issues such as the credibility of DNA evidence and the authenticity of CCTV footage used as an alibi. However, the court found no reasonable basis to dispute the earlier decisions, noting the strength of the circumstantial evidence, including Connor's expertise in security systems and the coincidence of shoe print evidence. Consequently, the application for leave to appeal was refused.
Full text: https://www.sclqld.org.au/caselaw/150416