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Barbaro v Queensland Police Service[2020] QDC 39

Barbaro v Queensland Police Service[2020] QDC 39

CITATION: Barbaro v Queensland Police Service [2020] QDC 39
JUDGE(S): Kent QC DCJ
DELIVERED ON: 20 March 2020
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Editorial Notes

  • Published Case Name:

    Harley Joe Barbaro v Queensland Police Service

  • Shortened Case Name:

    Barbaro v Queensland Police Service

  • MNC:

    [2020] QDC 39

  • Court:

    QDC

  • Judge(s):

    Kent QC DCJ

  • Date:

    20 Mar 2020

Litigation History

EventCitation or FileDateNotes
Primary JudgmentMagistrates Court, Southport (No citation or file number)-Convicted after summary hearing of contravening, without reasonable excuse, order under PPRA s 154(1) to provide access information for mobile phone.
Primary Judgment[2020] QDC 3920 Mar 2020Appeal against order of Magistrates Court allowed and conviction set aside: Kent QC DCJ.
Appeal Determined (QCA)[2020] QCA 230 (2020) 6 QR 186; (2020) 285 A Crim R 47727 Oct 2020Leave to appeal against [2020] QDC 39 granted on important question of law; appeal dismissed; claim of legal professional privilege a reasonable excuse in circumstances where existence of privilege over some of phone’s contents not disputed, no apparent limitation on police’s authorisation to examine contents in order to ascertain whether they contained evidence, and no risk that evidence might be lost: Sofronoff P, Philippides JA, Mullins JA.

Appeal Status

Appeal Determined (QCA)

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