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Kruck v Queensland Regional Parole Board[2008] QCA 399

Reported at [2009] 1 Qd R 463

Kruck v Queensland Regional Parole Board[2008] QCA 399

Reported at [2009] 1 Qd R 463
CITATION: Kruck v Queensland Regional Parole Board [2008] QCA 399
JUDGE(S): Keane JA, Holmes JA, Fraser JA
DELIVERED ON: 09 December 2008
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Editorial Notes

  • Published Case Name:

    Kruck v Queensland Regional Parole Board

  • Shortened Case Name:

    Kruck v Queensland Regional Parole Board

  • Reported Citation:

    [2009] 1 Qd R 463

  • MNC:

    [2008] QCA 399

  • Court:

    QCA

  • Judge(s):

    Keane JA, Holmes JA, Fraser JA

  • Date:

    09 Dec 2008

Litigation History

EventCitation or FileDateNotes
Primary JudgmentDC3357/05 (No citation)01 Feb 2006Kruck pleaded to guilty to rape and indecent treatment of a child under 16 years of age.
Primary JudgmentDC3357/05 (No citation)31 Mar 2006Kruck was convicted of a further offence: Nase DCJ.
Primary JudgmentDC3357/05 (No citation)07 Dec 2006Kruck was found guilty by a jury after trial of five counts of indecent treatment of a child under 16 years with circumstances of aggravation. He was sentenced to four and a half year term of imprisonment for those offences and for the rape and indecent treatment: Trafford-Walker DCJ.
Primary Judgment[2008] QSC 13716 May 2008Application for review under s 22 Judicial Review Act 1991; order that respondent consider any further application by the applicant as soon as practicable: McMurdo J.
Primary Judgment[2008] QCA 399 [2009] 1 Qd R 46309 Dec 2008Respondent did not observe procedures of s 193(1) of the Corrective Services Act 2006; ground for review under s 20(2)(b) of Judicial Review Act 1991 made out; statutory order for review made; application for extension of time to appeal allowed; appeal allowed: Keane, Holmes and Fraser JJA.
Primary Judgment[2008] QSC 33215 Dec 2008Second application for judicial review of decision on parole application; decision made without regard to merits of the case; application for review allowed; decision of respondent set aside; application for parole referred to respondent for reconsideration; Lyons J.
Primary Judgment[2009] QSC 3911 Mar 2009Application for judicial review of decision on application for release on parole; applicant has not demonstrated Board failed to consider application properly or has fallen into error; application dismissed: Martin J.
Primary Judgment[2010] QSC 19709 Jun 2010Application for judical review of the Parole Board's decision dismissed with costs: Mullins J.
QCA Interlocutory Judgment[2007] QCA 17729 May 2007Kruck sought to appeal his convictions on 1 February 2006 and 31 March 2006. Application for extension of time to appeal conviction adjourned pending outcome of an application for legal aid with a recommendation from the Court that it be granted for the application for extension of time: Williams JA, White and Atkinson JJ.
Appeal Determined (QCA)[2009] QCA 21931 Jul 2009Kruck appealed the decision in [2009] QSC 39. Appeal dismissed with costs: de Jersey CJ, Fraser and Chesterman JJA.
Appeal Determined (QCA)[2010] QCA 29022 Oct 2010Appeal from decision in [2010] QSC 197. Appeal dismissed with costs: Muir and Fraser JJA and Cullinane J.
Special Leave Refused (HCA)[2011] HCASL 1909 Mar 2011Applicant applied for special leave to appeal against [2010] QCA 290; application dismissed: Gummow and Kiefel JJ.

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

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