Commonwealth Director of Public Prosecutions v Leach (No 2)
[2020] QDCPR 4
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Commonwealth Director of Public Prosecutions v Leach (No 2) [2020] QDCPR 4
JUDGE(S):
Smith DCJA
DELIVERED ON:
20 February 2020
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Editorial Notes
Published Case Name:
Commonwealth Director of Public Prosecutions v Leach (No 2)
Shortened Case Name:
Commonwealth Director of Public Prosecutions v Leach (No 2)
MNC:
[2020] QDCPR 4
Court:
QDC
Judge(s):
Smith DCJA
Date:
20 Feb 2020
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2019] QDCPR 60
13 Nov 2019
CDPP directed to provide complete copy of all material in its possession to accused: Smith DCJA.
Primary Judgment
[2020] QDCPR 4
20 Feb 2020
Defence application for further disclosure: Smith DCJA.
Primary Judgment
[2020] QDC 42
24 Mar 2020
Pre-trial application by accused; CDPP proposed to conduct retrial (see [2018] QCA 131) without regard to material obtained at compulsory examination of accused; indictment quashed but permanent stay refused (consequently unnecessary to determine constitutional issues remitted in [2019] HCATrans 138); ruling that disclosure of information obtained at compulsory examination in application for search warrant unauthorised and evidence obtained pursuant thereto obtained unlawfully: Smith DCJA.
Appeal Determined (QCA)
[2022] QCA 7 (2022) 10 QR 40; (2022) 364 FLR 72
09 Feb 2022
Accused’s application in respect of [2020] QDC 42, challenging refusal to grant permanent stay and conclusion that unnecessary to determine constitutional issues, dismissed; CDPP’s Code s 668A reference in respect of [2020] QDC 42, querying whether Smith DCJA correct in ruling that evidence obtained pursuant to search warrant obtained unlawfully, answered negatively: Bond JA (Fraser and Morrison JJA agreeing).
Appeal Determined (QCA)
[2022] QCA 23 (2022) 295 A Crim R 454
01 Mar 2022
Orders relating to redaction of material in [2022] QCA 7 disclosing content of compulsory examination: Fraser, Morrison and Bond JJA.
Special Leave Refused (HCA)
[2022] HCASL 157
19 Sep 2022
Application for special leave to appeal against [2022] QCA 7 refused: Gageler and Steward JJ.
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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