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Commissioner of Police v Stehbens[2013] QCA 81

Commissioner of Police v Stehbens[2013] QCA 81

CITATION: Commissioner of Police v Stehbens [2013] QCA 81
JUDGE(S): Gotterson JA, Wilson J, Douglas J
DELIVERED ON: 16 April 2013
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Editorial Notes

  • Published Case Name:

    Commissioner of Police v Stehbens

  • Shortened Case Name:

    Commissioner of Police v Stehbens

  • MNC:

    [2013] QCA 81

  • Court:

    QCA

  • Judge(s):

    Gotterson JA, Wilson J, Douglas J

  • Date:

    16 Apr 2013

Litigation History

EventCitation or FileDateNotes
Primary Judgment(No citation)25 Nov 2011Ms Stehbens was convicted summarily by an Acting Magistrate of assaulting a police officer whilst he was acting in the execution of his duty.
Primary Judgment[2012] QDC 13204 Jun 2012District Court found that the Acting Magistrate could not have been satisfied beyond reasonable doubt that Ms Stehbens did not have honest and reasonable but mistaken belief that complainant was not a police officer. Appeal allowed. Conviction set aside. Ordered that a verdict of acquittal be entered: Dearden DCJ.
Primary Judgment[2012] QDC 21931 Aug 2012Following her acquittal by the District Court, Ms Stehbens applied for costs in respect of the hearing of the matter before the Magistrates Court. Ordered that Constable Samantha Lesley James pay Kym Maree Stehbens the sum of $ 3,645.41: Dearden DCJ.
Appeal Determined (QCA)[2013] QCA 8116 Apr 2013The Police appealed on the basis of a failure of the District Court Judge to give adequate reasons. Application for leave to appeal granted. Appeal allowed. Orders below set aside. Ordered that the appeal to the District Court dismissed: Gotterson JA, Wilson J, Douglas J.

Appeal Status

Appeal Determined (QCA)

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