Queensland Court of Appeal Judgments

R v Kostandy – Subsequent Appeal Dismissed, Evidence Not Compelling

The Queensland Court of Appeal dismissed Maged Sobhy Naguib Kostandy's application for leave to advance a subsequent appeal against his conviction on five counts of fraud, finding that the text message evidence he relied upon was not "compelling" within the meaning of s 671AB(6) of the Criminal Code. The applicant had previously appealed his conviction, which was dismissed on 11 October 2024. Bond JA, Brown JA, and Bleby AJA constituted the panel. Brown JA held that the three text messages (NJC-23, NJC-24, NJC-25) identified as "new and compelling" were neither reliable (two were in Arabic without independent translation) nor substantial or highly probative in the context of the disputed issues at trial. The application was dismissed on 24 April 2026.

R v DYV — Juvenile Murder Appeal Refused, 16-Year Sentence Upheld

A juvenile applicant who pleaded guilty to one count of murder, three counts of stealing, and one count of unlawful use of a motor vehicle had his appeal against a 16-year detention sentence dismissed by the Queensland Court of Appeal on 24 April 2026. The Court rejected both grounds of appeal — that the sentence was manifestly excessive compared to comparable authorities, and that the sentencing judge failed to consider the duration of the requisite intent to cause harm — finding no misapplication of principle and that the sentence fell within a sound exercise of discretion. The applicant was ordered released after serving 60% of the murder count under the Youth Justice Act 1992 (Qld).

Millar v Queensland Police Service [2026] QCA 76

Doyle JA extended the deadline in paragraph 5 of the 25 March 2026 Order from 22 April to 4 pm on 29 April 2026, allowing applicant Andrew John Millar additional time to provide specified material. The court declined to order disclosure of which judges concurred in the February 2025 judgment, to add the Commissioner of Police as a respondent, or to require the Chief Justice to supervise the proceeding. Costs were reserved. The applicant indicated intent to seek recusal of certain Justices on 3 June 2026 hearing date.