Primary Judgment | [2007] QSC 291 | 11 Oct 2007 | Mr J Lacey and Mr D Lacey's respective applications for bail pending trial dismissed: Martin J. |
Primary Judgment | [2007] QSC 392 | 11 Oct 2007 | Application by various media entities to vary non-publication order made on hearing of bail applications granted: Martin J. |
Primary Judgment | [2008] QSC 357 | 17 Nov 2008 | Mr J Lacey’s pre-trial application for a permanent stay of proceedings for murder, on the ground that the prosecution was foredoomed to fail, dismissed: Byrne SJA. |
Primary Judgment | SC920/08 (No citation) | 06 May 2009 | Date of conviction of Mr D Lacey of manslaughter and Mr J Lacey of wounding with intent to maim. |
Primary Judgment | SC920/08 (No citation) | 13 May 2009 | Date of sentence of Mr D Lacey to 10 years' imprisonment and Mr J Lacey to 5 years' imprisonment. |
Appeal Determined (QCA) | [2007] QCA 413 | 23 Nov 2007 | Mr J Lacey and Mr D Lacey's respective appeals against refusal of bail in [2007] QSC 291 dismissed; respective applications for bail in Court of Appeal's original jurisdiction refused: Williams and Keane JJA and Daubney J. |
Appeal Determined (QCA) | [2009] QCA 274 | 11 Sep 2009 | Mr D Lacey's appeal against conviction unanimously dismissed. As to sentence, the court, by majority (de Jersey CJ, Keane, Muir and Chesterman JJA, McMurdo P dissenting) refused Mr D Lacey leave to appeal but allowed the Attorney-General’s appeal, increasing the sentence imposed to 11 years’ imprisonment. Importantly, the majority held that, on such an appeal, the court may vary a sentence in circumstances where no error had attended the exercise of sentencing discretion at first instance. |
Appeal Determined (QCA) | [2009] QCA 275 | 11 Sep 2009 | Mr J Lacey’s appeal against conviction unanimously dismissed. By majority (de Jersey CJ, Keane, Muir and Chesterman JJA), the court also refused Mr J Lacey's application for leave to appeal against sentence. McMurdo P dissented on the matter of sentence; her Honour would have granted the application for leave to appeal and allowed the appeal to the extent of varying Mr J Lacey's parole eligibility date. |
Special Leave Granted (HCA) | [2010] HCATrans 162 | 24 Jun 2010 | Mr D Lacey and Mr J Lacey each sought special leave to appeal to the High Court. The court granted Mr D Lacey special leave to appeal against the Court of Appeal’s decision in [2009] QCA 274 to allow the Attorney-General’s appeal against sentence: French CJ and Kiefel J. |
HCA Transcript | [2010] HCATrans 317 | 30 Nov 2010 | Appeal heard and decision reserved: French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel and Bell JJ. |
HCA Judgment | [2011] HCA 10; (2011) 242 CLR 573 | 07 Apr 2011 | By majority (French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ, Heydon J dissenting), the court allowed Mr D Lacey's appeal, set aside the impugned order of the Court of Appeal and in its place ordered that the Attorney-General's appeal to that court be dismissed. The majority held that, on an Attorney-General's appeal against sentence, the Court of Appeal may not vary a sentence absent an error on the part of the sentencing judge. |