Burke v State of Queensland
[2023] QCA 10 · Morrison and Dalton JJA and Henry J
Mr Burke was stopped by Toowoomba police while driving in April 2016 and taken to a watchhouse after refusing a breath test. A physical altercation with police followed, during which he was restrained and briefly lost consciousness; he was taken to hospital and had only a minor headache afterwards. He later sued the State of Queensland, arguing the police had committed trespass, negligence, false imprisonment, malicious prosecution and misfeasance in public office. The District Court dismissed all his claims after reviewing CCTV of the incident. Representing himself, Mr Burke appealed. The Court of Appeal watched the CCTV and agreed with the trial judge. It found the police used lawful force, that his periods of detention were justified, and that the officers who laid and ran the charges acted honestly and with reasonable cause. The court also rejected his complaints that the trial was unfair. The appeal was dismissed with costs, so Mr Burke recovered nothing.
Incident & injury
Physical altercation with police at a watchhouse after the appellant refused to provide a breath specimen and moved aggressively towards an officer; he was restrained and briefly lost consciousness.
Read the findings as text
- Hands on unnecessarily? His central complaint.
- Reasonably necessary force. He advanced first, on CCTV.
- Claim dismissed. Upheld [2022] QDC 128.
- Body regions
- Brain / head
- Diagnoses
- transient loss of consciousness, minor headache
- Incident date
- 5 April 2016
- Location
- Toowoomba watchhouse
Quick facts
- Date of judgment
- 10 February 2023
- Claim type
- Other
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- Occupation
- Not stated
Outcome
The Court of Appeal dismissed Mr Burke's appeal against the District Court's dismissal of his claims against the State for trespass, negligence, false imprisonment, malicious prosecution and misfeasance in public office, finding no error in the primary judge's findings. Appeal dismissed with costs.
Defendant
1 State of Queensland
State (police)
Key issues
Burke v State of Queensland [2023] QCA 10
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Learn more about head and brain injury claims in Queensland.