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R v Martens[2007] QCA 137

CITATION: R v Martens [2007] QCA 137
JUDGE(S): McMurdo P, Holmes JA, Cullinane J
DELIVERED ON: 20 April 2007
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Editorial Notes

  • Published Case Name:

    R v Martens

  • Shortened Case Name:

    R v Martens

  • MNC:

    [2007] QCA 137

  • Court:

    QCA

  • Judge(s):

    McMurdo P, Holmes JA, Cullinane J

  • Date:

    20 Apr 2007

  • White Star Case:

    Yes

Litigation History

EventCitation or FileDateNotes
Primary JudgmentSC83/06 (No citation)30 Oct 2006Martens was convicted after a six day jury trial of one count of having sexual intercourse with a person under 16 years while outside Australia. He was sentenced to five and a half years imprisonment with a non-parole period of three years: Jones J.
Primary Judgment[2011] QSC 6530 Mar 2011Martens brought a claim against Stokes in her capacity as an officer in the Australian Federal Police for malicious prosecution amongst other matters. Stokes and the Commonwealth successfully applied for the claim and statement of claim to be struck out: Jones J.
QCA Interlocutory Judgment[2009] QCA 139 [2010] 1 Qd R 56426 May 2009Application for bail pending determination of the Cth AG reference; new evidence presented against credibility of complainant; application for bail granted on conditions: Keane and Fraser JJA and Applegarth J.
QCA Interlocutory Judgment[2012] QCA 7127 Mar 2012Costs orders consequent upon decision in [2012] QCA 36: McMurdo P, White JA, M Wilson AJA.
QCA Original Jurisdiction[2009] QCA 351 [2011] 1 Qd R 575; (2009) 262 ALR 106; (2009) 216 A Crim R 1; (2009) 235 FLR 37113 Nov 2009Reference by Cth Attorney-General pursuant to s 672A Criminal Code; by majority concluding that the Commonwealth Attorney-General is empowered to enliven Court of Appeal's jurisdiction under s 672A(a) Code; fresh evidence has demonstrated that the conviction is unreasonable; appeal allowed and conviction quashed: Muir, Fraser and Chesterman JJA; Fraser JA dissenting on jurisdictional question
Appeal Determined (QCA)[2007] QCA 13720 Apr 2007Appeal from conviction and sentence on 30 Oct 2006. No error in trial directions and open to the jury to convict; sentence not manifestly excessive; appeal against conviction dismissed and application for leave to appeal sentence refused: McMurdo P, Holmes JA and Cullinane J
Appeal Determined (QCA)[2012] QCA 36 [2013] 1 Qd R 13602 Mar 2012Appeal from [2011] QSC 65. Appeal allowed. Set aside the order below striking out the claim and statement of claim. Instead, order that the statement of claim be struck out. Order that the appellant have leave to file and serve a further statement of claim: McMurdo P, White JA, M Wilson AJA.

Appeal Status

Appeal Determined (QCA)

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