QLDQCA
R v Roberts; ex parte Jacob [2002] QCA 87
[2002] QCA 87
Court of Appeal (Qld)|2002-07-13|Before: Davies, McPherson and Williams JJASeparate reasons, for judgment of each member of the Court, each concurring as to the orders, made
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Source factsCourt
Court of Appeal (Qld)
Decision date
2002-07-13
Before
Davies, McPherson and Williams JJASeparate reasons, for judgment of each member of the Court, each concurring as to the orders, made
Catchwords
- CRIMINAL LAW - JUDGMENT AND PUNISHMENT - ORDERS FOR COMPENSATION,
- REPARATION, RESTITUTION, FORFEITURE AND OTHER MATTERS RELATING
- TO DISPOSAL OF
- PROPERTY - COMPENSATION - QUEENSLAND - where the applicant seeks compensation
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW - JUDGMENT AND PUNISHMENT - ORDERS FOR COMPENSATION,REPARATION, RESTITUTION, FORFEITURE AND OTHER MATTERS RELATINGTO DISPOSAL OFPROPERTY - COMPENSATION - QUEENSLAND - where the applicant seeks compensationpursuant to Criminal Offence Victims Act 1995 - where the application wasmade after the expiry of the three year limitation period contained in s40(1)(a) of the Criminal Offence Victims Act 1995 - where the respondentdid not appear and did not plead the expiry of the limitation period as adefence - whether the applicantis entitled to compensationLIMITATION OFACTIONS - APPLICATION OF STATUTES OF LIMITATIONS - APPLICATION TO NEW RIGHTCREATED BY STATUTE - where Criminal Offence Victims Act 1995 containswithin it a limitation period - whether the limitation period bars the remedy orthe right - whether the limitationperiod is annexed by statute to a right whichit creates so as to be the essence of that rightCriminal Code(Qld), s 663BCriminal Offence Victims Act 1995 (Qld), s 40(1)(a),s 40(1)(c), s 41(1), s 41(2)Limitation of Actions Act 1974