Scrivener v Director of Public Prosecutions [2001] QCA 454

[2001] QCA 454

Court of Appeal (Qld)|2001-10-23|Before: McPherson and Davies JJA, Cullinane JSeparate reasons for judgment of, each member of the Court, each concurring as to the order made

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At a glance

Source facts

Court

Court of Appeal (Qld)

Decision date

2001-10-23

Before

McPherson and Davies JJA, Cullinane JSeparate reasons for judgment of, each member of the Court, each concurring as to the order made

Catchwords

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – BAIL
– REVOCATION, VARIATION, REVIEW AND APPEAL – where
appellant on bail
for other offences prior to arrest for murder – whether Judge at first

Source

Original judgment source is linked above.

Catchwords

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – BAIL– REVOCATION, VARIATION, REVIEW AND APPEAL – whereappellant on bailfor other offences prior to arrest for murder – whether Judge at firstinstance correct to refuse bail onthe grounds that circumstances hadchangedCRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE –BAIL – GROUNDS FOR GRANTING OR REFUSING – BEFORE TRIAL–MURDER CASES APPEAL AND NEW TRIAL – APPEAL – GENERALPRINCIPLES – RIGHT OF APPEAL – NATURE OF RIGHT – APPEALS INTHE STRICT SENSE AND APPEALS BY WAY OF REHEARING – DISTINCTION –whether appeal from bail application is appeal de novo or appeal by wayof rehearingBail Act 1980 (Qld), s 13, s 16(3)(b)Supreme Court of Queensland Act 1991 (Qld), s 29(1)UniformCivil Procedure Rules 1999 (Qld), r 745(2), r 765(1), r 766(1)(c), r766(2), r 767(2)Edwards, ex p [1989] 1 Qd R 139,consideredHouse v The King (1936) 55 CLR 499, appliedMaher, ex

p [1986] 1 Qd R 303, consideredPowell v Streatham Manor Nursing

Home [1935] AC 243, appliedR v Hughes [1983] 1 Qd R 92,

consideredR v Malone [1903] St R Qd 140, consideredWarren v

Coombes [1979] HCA 9

(1979) 142 CLR 531, considered

Judgment (1 paragraphs)

[1]

Director of Public Prosecutions (Queensland) for the respondent

Parties

Applicant/Plaintiff:

Scrivener

Respondent/Defendant:

Director of Public Prosecutions [2001] QCA 454

Cases Cited (2)

(1936) 55 CLR 499

(1979) 142 CLR 531