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- Ettridge v Director of Public Prosecutions[2003] QCA 410
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Ettridge v Director of Public Prosecutions[2003] QCA 410
Ettridge v Director of Public Prosecutions[2003] QCA 410
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO/S: | Appeal No 7800 of 2003 SC No 7539 of 2003 |
Court of Appeal | |
PROCEEDING: | Miscellaneous Application - Civil Appeal from Bail Application |
ORIGINATING COURT: | |
DELIVERED ON: | 15 September 2003 |
DELIVERED AT: | Brisbane |
HEARING DATE: | 9 September 2003 |
JUDGES: | Jerrard JA, Dutney and Philippides JJ Judgment of the Court |
ORDERS: | 1. Application for bail refused |
CATCHWORDS: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – BAIL – JURISDICTION OF SUPREME COURT – AFTER CONVICTION – where applicant applies for bail in this Court – where authority requires applicant to establish strong grounds that his conviction will be allowed and that majority of his sentence will be served before appeal is decided – whether applicant has satisfied these requirements CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – BAIL – GROUNDS FOR GRANTING AND REFUSING – SPECIAL OR EXCEPTIONAL CIRCUMSTANCES – PARTICULAR CASES – where appellant refused bail pending appeal – where learned judge below directed himself that the appellant must show exceptional circumstances to be granted bail pending appeal – where High Court authority confirms this approach – whether learned judge below applied correct test Criminal Code (Qld), s 408C(1)(f) Ex parte Maher [1986] 1 Qd R 303, followed Marotta v R (1999) 73 ALJR 265, considered United Mexican State v Cabal & Ors (2001) 183 ALR 645, applied Walser v R (1994) 73 A Crim R 153, discussed |
COUNSEL: | B Walker SC for the applicant/appellant B G Campbell, with S E McGee, for the respondent |
SOLICITORS: | Boe & Callaghan for the applicant/appellant Director of Public Prosecutions (Queensland) for the respondent |