Catchwords

APPEAL AND NEW TRIAL – APPEAL - PRACTICE AND PROCEDURE – QUEENSLAND – WHEN APPEAL LIES – BY LEAVE OF COURT – GENERALLY – where applicants convicted in the Magistrates Court of taking protected fauna – where applicants appealed to the District Court under s 222 of the Justices Act 1886 (Qld) – where appeal to District Court unsuccessful – where applicants sought leave to appeal pursuant to s 118 of the District Court of Queensland Act 1967 (Qld) – whether leave to appeal should be granted

ANIMALS – VARIOUS STATUTORY PROVISIONS – PROTECTION OF FAUNA AND GAME LAWS – OFFENCES – QUEENSLAND – TAKING OR KEEPING FAUNA – where applicants submitted they had no case to answer – where applicants argued that s 88 of the Nature Conservation Act 1992 (Qld) did not create an offence known to law – where applicants argued that since the offences occurred on private land s 88 did not apply since s 69 of the Constitution of Queensland 2001 (Qld) only provided power to the State to make power with respect to waste lands – where applicants contended that s 392(1) of the Criminal Code 1899 (Qld) was inconsistent with s 88 of the Nature Conservation Act and ‘ousted’ the latter section – where applicants argued that the Governor-in-Council lacked authority under s 175 of the Nature Conservation Act to make any regulations prescribing classes of wildlife – whether applicants had committed an offence under s 88