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R v Gerhardt[2019] QCA 283

Reported at (2019) 3 QR 48
CITATION: R v Gerhardt [2019] QCA 283
JUDGE(S): Fraser JA, Henry J, Brown J
DELIVERED ON: 06 December 2019
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Editorial Notes

  • Published Case Name:

    R v Gerhardt

  • Shortened Case Name:

    R v Gerhardt

  • Reported Citation:

    (2019) 3 QR 48

  • MNC:

    [2019] QCA 283

  • Court:

    QCA

  • Judge(s):

    Fraser JA, Henry J, Brown J

  • Date:

    06 Dec 2019

  • Selected for Reporting:

    Editor's Note

Litigation History

EventCitation or FileDateNotes
Primary JudgmentSC13/19 (No citation)13 May 2019Date of sentence; pleaded guilty to aggravated possession of methylamphetamine; sentenced to 3 years’ imprisonment to be released on parole after serving 11 months (Crow J).
Primary JudgmentSC13/19 (No citation)03 Jun 2019Crown’s application to reopen sentence pursuant to PSA s 188(1)(c), relying on evidence given by accused at pre-trial hearing against co-accused, granted; accused resentenced to 3 years 9 months’ imprisonment with eligibility for parole set at one-third mark.
Appeal Determined (QCA)[2019] QCA 283 (2019) 3 QR 4806 Dec 2019Application for leave to appeal granted, appeal allowed, decision to reopen sentence and resentence imposed quashed, order that sentence not be reopened; no admissible evidence of alleged error; in any event, asserted error not a ‘clear factual error of substance’ within the meaning of PSA s 188(1)(c): Fraser JA, Henry J, Brown J.

Appeal Status

Appeal Determined (QCA)

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