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Yeo v Attorney-General[2011] QCA 50

Yeo v Attorney-General[2011] QCA 50

CITATION: Yeo v Attorney-General [2011] QCA 50
JUDGE(S): McMurdo P, White JA, M Wilson AJA
DELIVERED ON: 24 March 2011
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Editorial Notes

  • Published Case Name:

    Yeo v Attorney-General for the State of Queensland

  • Shortened Case Name:

    Yeo v Attorney-General

  • MNC:

    [2011] QCA 50

  • Court:

    QCA

  • Judge(s):

    McMurdo P, White JA, M Wilson AJA

  • Date:

    24 Mar 2011

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2006] QSC 6303 Apr 2006AG application pursuant to DPSOA; satisfied to the requisite standard and on the basis of acceptable cogent evidence that the respondent is a serious danger to the community in the absence of an order under division 3; ordered pursuant to s 13(5)(a) of the Act that the respondent be detained in custody for an indefinite term for control, care or treatment: Philippides J.
Primary Judgment[2007] QSC 27402 Oct 2007AG review under s 27 DPSOA; affirm the decision that the respondent is a serious danger to the community in the absence of a division 3 order; satisfied that adequate protection of the community can be ensured by the release of the respondent on an appropriately stringent supervision order for a period of 10 years: Mullins J.
Primary Judgment[2009] QSC 21404 Aug 2009AG contravention proceeding; finding of breach of supervision order conditions due to lifelong issues of defiance; supervision order rescinded and ordered that the respondent be detained in custody for an indefinite term for control, care or treatment: A Lyons J.
Primary JudgmentSC9323/05 (No Citation)10 Sep 2010AG review under s 27 DPSOA; satisfied to the requisite standard that the appellant, is a serious danger to the community in the absence of an order under division 3; continue to be subject to the continuing detention order made on 4 August 2009.
QCA Interlocutory Judgment[2011] QCA 5024 Mar 2011Application for extension of time to appeal decision dated 10 September 2010 ordering continuing detention pursuant to DPSOA; interests of justice require that the applicant should be given the opportunity to seek to obtain legal advice so that his arguments can be put at their highest: extension of time granted: McMurdo P, White JA and M Wilson AJA.
Appeal Determined (QCA)[2007] QCA 32 (2007) 170 A Crim R 21309 Feb 2007Appeal against [2006] QSC 63 dismissed; well open to the primary judge to make the continuing detention order in respect of the appellant under s 13(5)(a) DPSOA: McMurdo P, Williams JA and Helman J.
Appeal Determined (QCA)[2008] QCA 11516 May 2008AG appeal against [2007] QSC 274 dismissed; the conclusion that the risk posed by the respondent to the community could be adequately met by the supervised release of the respondent on the conditions imposed was one that was reasonably open to the primary judge on the evidence: Keane and Holmes JJA and White J.
Appeal Determined (QCA)[2010] QCA 6926 Mar 2010Appeal against [2009] QSC 214 rescission of supervision order and imposition of indefinite detention dismissed; no error of fact or law demonstrated, but there is much to be said for the view that careful supervision, allied with the issuing of clear written directions, would suffice to ensure the adequate protection of the community: McMurdo P and Muir and Chesterman JJA.
Appeal Determined (QCA)[2011] QCA 170 [2012] 1 Qd R 27622 Jul 2011Appeal against orders made on 10 September 2010; the primary judge gave insufficient consideration to the nature and circumstances of the offending conduct and the risks to which that conduct gave rise were overstated; appeal allowed and appellant released on conditional supervision order: McMurdo P, Muir and White JJA.
Special Leave Granted (HCA)[2007] HCATrans 32621 Jun 2007Special leave against [2007] QCA 32 granted: Gummow, Kirby and Heydon JJ.
Special Leave Refused (HCA)[2007] HCA Trans 59304 Oct 2007Application to revoke special leave subsequent to [2007] QSC 274; appellant is now subject to an order of the general kind he submitted to the Court of Appeal of Queensland should be made; special leave revoked: Gleeson CJ, Kirby, Hayne, Heydon and Crennan JJ.

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

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