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Attorney-General v Downs[2015] QCA 29

Attorney-General v Downs[2015] QCA 29

 

 

COURT OF APPEAL

 

 

MARGARET McMURDO P

HOLMES JA

PHILIPPIDES JA

 

 

Appeal No 6642 of 2014

SC No 530 of 2008

 

 

ATTORNEY-GENERAL FOR THE

STATE OF QUEENSLANDAppellant

 

v

 

RONALD JAMES DOWNSRespondent

 

 

BRISBANE

 

 

FRIDAY, 6 MARCH 2015

 

 

JUDGMENT

 

 

THE COURT:  This appeal purports to be from the order of Ann Lyons J on 20 June 2014 dismissing the appellant’s application under s 22 Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) and making auxiliary orders.

At the hearing, the appellant frankly conceded that, in fact, this matter is not an appeal from those orders.  The appellant now seeks only an order that this appeal be dismissed but with reasons dealing with the argument raised in the appellant’s outline of argument in this Court as to the primary judge’s construction of s 22.  This amounts to asking this Court for an advisory opinion on an issue which is moot.  The Court has no jurisdiction to embark on such an exercise.  The appeal should be dismissed.  We note the respondent does not seek costs.

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Editorial Notes

  • Published Case Name:

    Attorney-General for the State of Queensland v Downs

  • Shortened Case Name:

    Attorney-General v Downs

  • MNC:

    [2015] QCA 29

  • Court:

    QCA

  • Judge(s):

    McMurdo P, Holmes JA, Philippides JA

  • Date:

    06 Mar 2015

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2014] QSC 14020 Jun 2014Application under s 22 Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) and for the making of auxiliary orders dismissed: Ann Lyons J.
Appeal Determined (QCA)[2015] QCA 2906 Mar 2015Appellant conceded at the hearing before the Court of Appeal that, in fact, the matter was not an appeal from the decision of Ann Lyons J (see [2014] QSC 140). Appeal dismissed: McMurdo P, Holmes JA, Philippides JA.

Appeal Status

Appeal Determined (QCA)

Cases Cited

No judgments cited by this judgment.

Cases Citing

Case NameFull CitationFrequency
Thallon Mole Group Pty Ltd v Morton [2022] QDC 2241 citation
1

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