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Turner v Director of Public Prosecutions (Cth) [2017] QCA 30
JUDGE(S):
McMurdo P, Fraser JA, McMeekin J
DELIVERED ON:
10 March 2017
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Editorial Notes
Published Case Name:
Turner v Commonwealth Director of Public Prosecutions
Shortened Case Name:
Turner v Director of Public Prosecutions (Cth)
MNC:
[2017] QCA 30
Court:
QCA
Judge(s):
McMurdo P, Fraser JA, McMeekin J
Date:
10 Mar 2017
White Star Case:
Yes
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2015] QSC 298
28 Oct 2015
Application by CDPP seeking declaration that defendant’s bail undertaking forfeited and order for forfeiture and payment of securities; ruling that, in circumstances where trial had been delisted, defendant had not yet failed to appear in accordance with undertaking; application adjourned to permit CDPP to serve notice requiring defendant’s appearance: Flanagan J.
Primary Judgment
[2016] QSC 107
18 May 2016
CDPP’s pursuit of application based on defendant’s failure to appear in accordance with notice served upon adjournment of application in [2015] QSC 298; held that notice of directions of court not required to be served on defendant in person and, where there is no address for service of notices, may be served at residential address; declaration and order sought by CDPP made; amount of surety reduced by 30% on account of not insignificant deterioration in surety’s financial position: Flanagan J.
Appeal Determined (QCA)
[2017] QCA 30 (2017) 265 A Crim R 388
10 Mar 2017
Surety’s appeal against [2016] QSC 107 dismissed; primary judge did not err in adjourning rather than dismissing CDPP’s application in [2015] QSC 298; primary judge did not err in holding that notice of directions of court not required to be served on defendant in person rather than at residential address (which, in the absence of an address for services of notices, is taken to be the relevant address for service): McMurdo P, Fraser JA, McMeekin J.
Appeal Status
Appeal Determined (QCA)
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