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Re an Application for Bail by Daniel Cris Phillips
Shortened Case Name:
Re Phillips
MNC:
[2002] QSC 334
Court:
QSC
Judge(s):
de Jersey CJ
Date:
02 Oct 2002
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2002] QSC 334
02 Oct 2002
Application for bail pending trial granted: de Jersey CJ.
Primary Judgment
DC101/04 (No citation)
10 Mar 2004
Date of conviction of rape of each of BS, ML and MM, unlawful carnal knowledge (as an alternative to rape) of SW and MM, and assault with intent to rape JD. The accused was acquitted of rape (and all alternate counts) of TK and aggravated indecent assault of BS. All counts were charged in a single indictment.
Primary Judgment
DC101/04 (No citation)
26 Mar 2004
Date of effective sentence of 12 years’ imprisonment with a serious violent offence (‘SVO’) declaration, consisting of 9 years with SVO for rape of MM and 3 years with SVO for assault with intent to rape JD, the latter to be served cumulatively upon the former.
QCA Interlocutory Judgment
[2004] QCA 195
01 Jun 2004
Extension of time to seek leave to appeal against sentence granted: Williams JA, Cullinane and Jones JJ.
Appeal Determined (QCA)
[2004] QCA 347
24 Sep 2004
Appeal against convictions dismissed; as to sentence, leave to appeal granted, appeal allowed, SVO declarations set aside, sentence for rape of MM reduced to 7 years: Williams JA, Cullinane J (Jones J dissenting as to sentence for rape of MM).
Special Leave Granted (HCA)
[2005] HCATrans 455
23 Jun 2005
Special leave to appeal granted: Gummow and Heydon JJ.
Pronouncement of orders; appeal allowed, orders of Court of Appeal set aside, convictions quashed, separate retrials in respect of each complainant ordered: Gleeson CJ, Gummow, Kirby and Heydon JJ.
HCA Judgment
(2006) HCA 4; (2006) 225 CLR 303
01 Mar 2006
Reasons for orders made in [2005] HCATrans 994; evidence of each complainant not cross-admissible as similar fact evidence on the charges relating to the other complainants, it being irrelevant on the issue of consent and of insufficient probative value on the other issues; differential verdicts on charges relating to MM not shown to be an affront to logic and commonsense and hence unreasonable; retrial on count of rape of MM not unfair: Gleeson CJ, Gummow, Kirby, Hayne and Heydon JJ.
Appeal Status
Appeal Determined (QCA) - Appeal Determined (HCA)
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