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CITE
Notable Unreported Decision
Appeal Determined (QCA)
Merrin v Commissioner of the Police Service[2002] QCA 449McPherson JA and Cullinane J and Holmes J
MR S A McLEOD of counsel (instructed by Queensland Police Service)
McPHERSON JA: On the basis of something that I am reported to have said on an occasion when this matter was informally before us on an earlier occasion, I am asked to disqualify myself on the ground I think that I have already formed a final opinion on the outcome of at least one of the issues in this case.
Having considered what was said in that regard and discussed the matter with my colleagues, I have decided that I should not disqualify on that ground.
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Editorial Notes
Published Case Name:
Merrin v Commissioner of the Police Service
Shortened Case Name:
Merrin v Commissioner of the Police Service
MNC:
[2002] QCA 449
Court:
QCA
Judge(s):
McPherson JA, Cullinane J, Holmes J
Date:
24 Oct 2002
White Star Case:
Yes
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
Magistrates Court (no citation or file number)
05 Feb 2001
Defendant charged with one count of using insulting words pursuant to Vagrants, Gaming and Other Offences Act 1931 (Qld), one count of obstructing police and one count of serious assault; found guilty by Magistrate and probation orders imposed
Primary Judgment
[2002] QDC 17
25 Mar 2002
Defendant successfully appealed against convictions and applied for costs of the Magistrate's Court proceedings against Commissioner of Police; costs ordered in the sum of $5,122: Samios DCJ
QCA Interlocutory Judgment
[2002] QCA 257
24 Jul 2002
Defendant applied for leave to appeal against [2002] QDC 17; appeal adjourned to date to be fixed: McPherson and Williams JJA and White J
QCA Interlocutory Judgment
[2002] QCA 449
24 Oct 2002
Defendant applied for McPherson JA to disqualify himself on the basis of apprehended bias; application dismissed: McPherson JA, Cullinane and Holmes JJ
Appeal Determined (QCA)
[2002] QCA 480
08 Nov 2002
Defendant applied for leave to appeal against quantum of costs awarded in [2002] QDC 17; where defendant travelled to court as defendant and witness; whether judge bound to award costs on witness scale; leave granted and appeal allowed by varying travelling allowance from $0.20 to $0.50 per kilometres: McPherson JA, Cullinane and Holmes JJ
Appeal Status
Appeal Determined (QCA)
Cases Cited
No judgments cited by this judgment.
Cases Citing
List of cases on Queensland Judgments citing this Judgment
Case Name
Full Citation
Frequency
Together Queensland Industrial Union of Employees v State of Queensland (Queensland Health)