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Lacey v Director of Public Prosecutions[2007] QCA 413

Lacey v Director of Public Prosecutions[2007] QCA 413

CITATION: Lacey v Director of Public Prosecutions [2007] QCA 413
JUDGE(S): Williams JA, Keane JA, Daubney J
DELIVERED ON: 23 November 2007
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Editorial Notes

  • Published Case Name:

    Lacey v DPP (Qld); Lacey v DPP

  • Shortened Case Name:

    Lacey v Director of Public Prosecutions

  • MNC:

    [2007] QCA 413

  • Court:

    QCA

  • Judge(s):

    Williams JA, Keane JA, Daubney J

  • Date:

    23 Nov 2007

  • White Star Case:

    Yes

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2007] QSC 29111 Oct 2007Mr J Lacey and Mr D Lacey's respective applications for bail pending trial dismissed: Martin J.
Primary Judgment[2007] QSC 39211 Oct 2007Application by various media entities to vary non-publication order made on hearing of bail applications granted: Martin J.
Primary Judgment[2008] QSC 35717 Nov 2008Mr 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 JudgmentSC920/08 (No citation)06 May 2009Date of conviction of Mr D Lacey of manslaughter and Mr J Lacey of wounding with intent to maim.
Primary JudgmentSC920/08 (No citation)13 May 2009Date of sentence of Mr D Lacey to 10 years' imprisonment and Mr J Lacey to 5 years' imprisonment.
Appeal Determined (QCA)[2007] QCA 41323 Nov 2007Mr 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 27411 Sep 2009Mr 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 27511 Sep 2009Mr 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 16224 Jun 2010Mr 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 31730 Nov 2010Appeal heard and decision reserved: French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel and Bell JJ.
HCA Judgment[2011] HCA 10; (2011) 242 CLR 57307 Apr 2011By 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.

Appeal Status

Appeal Determined (QCA) - Appeal Determined (HCA)

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