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Mr Upton was charged with assaulting or obstructing police in the performance of their duty. The Magistrate dismissed the charges.
Primary Judgment
[2011] QDC 262
09 Nov 2011
The complainant, Constable Drew Carmichael, appealed the dismissal of the charges against Mr Upton. Mr Upton filed a separate appeal in relation to the Magistrate’s refusal to award costs upon dismissing the charges. Orders below set aside. Convictions entered for assauling and obstructing a police officer in the performance of his duties. No order as to costs. Matter remitted for sentence: Clare DCJ.
Appeal Determined (QCA)
[2012] QCA 88
13 Apr 2012
Leave to appeal granted. Appeal allowed. Orders of District Court set aside. Matter remitted to Magistrates Court to proceed according to law. The respondent is to pay the applicant’s costs of the application for leave to appeal and of the appeal: Fraser JA, White JA, A Lyons J.
Appeal Status
Appeal Determined (QCA)
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