A-G v Smallwood [1997] QCA 91

A-G v Smallwood [1997] QCA 91 (15 April 1997)

Last Updated: 22 March 1999

IN THE COURT OF APPEAL

SUPREME COURT OF QUEENSLAND

C.A. No. 030 of 1997

Brisbane

[A-G v. Smallwood]

THE QUEEN

v.

DAVID ARCHIE SMALLWOOD

Respondent

ATTORNEY-GENERAL OF QUEENSLAND

Appellant

Davies JA

McPherson JA

Mackenzie J

Judgment delivered 15 April 1997

Further Order delivered 29 April 1997

IT IS ORDERED THAT BY WAY OF COMPENSATION THE RESPONDENT PAY TO THE CLERK OF THE COURT, TOWNSVILLE, ON BEHALF OF PATRICK JOHN WHELAN THE SUM OF $100, ON OR BEFORE 15 APRIL 1998. IN DEFAULT OF SUCH PAYMENT, THE RESPONDENT IS TO BE IMPRISONED FOR 14 DAYS.

THIS SUM IS IN ADDITION TO THE SUM OF $100 ALREADY PAID BY THE RESPONDENT PURSUANT TO THE STIPENDIARY MAGISTRATE'S ORIGINAL ORDER AND THE PRESENT ORDER DOES NOT AFFECT THE VALIDITY OF THE DISPOSITION OF THE SUM ALREADY PAID TO PATRICK JOHN WHELAN.

Counsel: Mr R. Martin for the appellant

Mr. S. Hamlyn-Harris for the respondent

Solicitors: Queensland Director of Public Prosecutions for the appellant

Legal Aid Office (Queensland) for the respondent

Hearing Date: 15 April 1997