In Moxey v Commissioner of Police [2024] QDC 98, Sam David Mackay Moxey appealed against his conviction for assaulting and obstructing police officers, following a summary trial. The District Court of Queensland allowed the appeal, set aside the convictions, and ordered a retrial before a different Magistrate.
The incident in question occurred on 25 April 2022, when police were called to Dunwoody’s Hotel in Cairns due to a disturbance involving multiple men. Officer Riordan arrested Moxey on suspicion of assault, leading to a physical struggle. Moxey was subsequently charged and found guilty of assaulting and obstructing police officers.
Moxey applied for an extension of time to appeal, citing difficulties as a self-represented litigant and health issues, which the court accepted. The primary issues on appeal included whether the police officers were acting lawfully in their duty during the arrest. The court found that there was insufficient evidence to support the conviction beyond a reasonable doubt, particularly concerning the lawfulness of Moxey's arrest.
The appeal was successful, and the case was remitted for a new trial, allowing both parties to file further written submissions on costs within 14 days.