QLDQCA
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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Source factsCourt
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