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Coffey v State of Queensland[2012] QCA 368

Coffey v State of Queensland[2012] QCA 368

CITATION: Coffey v State of Queensland [2012] QCA 368
JUDGE(S): McMurdo P, Holmes JA, White JA
DELIVERED ON: 21 December 2012
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Editorial Notes

  • Published Case Name:

    Coffey v State of Queensland & Ors

  • Shortened Case Name:

    Coffey v State of Queensland

  • MNC:

    [2012] QCA 368

  • Court:

    QCA

  • Judge(s):

    McMurdo P, Holmes JA, White JA

  • Date:

    21 Dec 2012

Litigation History

EventCitation or FileDateNotes
Primary Judgment(No citation)01 Jan 2002Mr Coffey was charged with the offence that he without reasonable excuse contravened a requirement by a police officer to provide a DNA sample by using a mouth swab. Complaint dismissed by the Magistrate because the police officer was not authorised under the Police Powers and Responsibilities Act 2000 to give the direction to provide the sample.
Primary Judgment[2002] QDC 37024 May 2002There was no power in a police officer or a DNA sampler to give a requirement to a prisoner the refusal of which gave rise to the commission of an offence. Appeal from Magistrates Court dismissed. White DCJ.
Primary Judgment[2005] QSC 21229 Jul 2005Mr Coffey sued the State of Queensland (and named individuals) for damages for personal injury consequent upon a number of alleged breaches of duty owed to him whilst being incarcerated. Claim and statement of claim struck out for failure to comply with the Personal Injuries Proceedings Act 2002: Moynihan J.
Primary Judgment[2008] QSC 28714 Nov 2008Mr Coffey applied for the fixing of a trial date; costs; and that the judge disqualify himself on the grounds of apprehended bias. Applications dismissed: Jones J.
Primary JudgmentSC493/07 (No Citation)20 Mar 2009Claim and statement of claim struck out.
Primary JudgmentSC493/2007 (No Citation)09 Jun 2010Mr Coffey applied for a Mr Bradshaw (a barrister whose application for a practising certificate had been refused) to have leave to appear to assist him at the trial of his claim. He also applied to have the trial proceed without a jury. Applications dismissed: Douglas J.
Primary Judgment[2012] QSC 18622 Jun 2012Claim for personal injuries arising from when Mr Coffey was an inmate at the Lotus Glen Correctional Centre and a DNA sampling team forced him to the ground in order to take a hair sample from him. Judgment for the Plaintiff in respect of the claim of battery as against the First Defendant in the amount of $28,000: Henry J.
QCA Interlocutory Judgment[2013] QCA 3708 Mar 2013Costs orders in respect of [2012] QCA 368: McMurdo P, Holmes JA, White JA.
Appeal Determined (QCA)[2009] QCA 25603 Sep 2009Appeal allowed. Orders of 20 March 2009 set aside. Leave to amend the claim and statement of claim granted and that such claim is a claim for personal injuries: Fraser JA, Chesterman JA, White J.
Appeal Determined (QCA)[2010] QCA 29122 Oct 2010Appeal from decision Douglas J (9 June 2010) dismissed with costs: Muir and Fraser JJA and Cullinane J.
Appeal Determined (QCA)[2012] QCA 36821 Dec 2012Appeal from [2012] QSC 186 allowed. Judgment sum awarded at first instance in respect of the claim of battery as against the first respondent is increased $43,628.80. Judgment given in the sum of $600 against the second respondent in respect of the claim of battery: McMurdo P, Holmes JA, White JA.
Special Leave Refused (HCA)[2013] HCASL 7905 Jun 2013Special leave refused: Kiefel J and Keane J.

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

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