Queensland Judgments
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Merrin v Commissioner of the Police Service[2002] QCA 449

Merrin v Commissioner of the Police Service[2002] QCA 449

 

COURT OF APPEAL

 

McPHERSON JA

CULLINANE J

HOLMES J

 

 

 

Appeal No 3615 of 2002

 

THOMAS WILLIAM MERRINAppellant

(Defendant/Appellant)

and

 

COMMISSIONER OF THE POLICE SERVICERespondent

(Complainant/Respondent)

 

 

BRISBANE

 

DATE 24/10/2002

 

JUDGMENT

 

APPLICANT appeared on his own behalf

 

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.

Close

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

EventCitation or FileDateNotes
Primary JudgmentMagistrates Court (no citation or file number)05 Feb 2001Defendant 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 1725 Mar 2002Defendant 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 25724 Jul 2002Defendant 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 44924 Oct 2002Defendant 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 48008 Nov 2002Defendant 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

Case NameFull CitationFrequency
Together Queensland Industrial Union of Employees v State of Queensland (Queensland Health) [2021] ICQ 162 citations
1

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