Queensland Judgments
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Barbaro v Director of Public Prosecutions (Qld)[2022] QCA 145

Reported at (2022) 11 QR 395

Barbaro v Director of Public Prosecutions (Qld)[2022] QCA 145

Reported at (2022) 11 QR 395
CITATION: Barbaro v Director of Public Prosecutions (Qld) [2022] QCA 145
JUDGE(S): McMurdo JA, Dalton JA, Kelly J
DELIVERED ON: 12 August 2022
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Editorial Notes

  • Published Case Name:

    Barbaro v Director of Public Prosecutions (Qld)

  • Shortened Case Name:

    Barbaro v Director of Public Prosecutions (Qld)

  • Reported Citation:

    (2022) 11 QR 395

  • MNC:

    [2022] QCA 145

  • Court:

    QCA

  • Judge(s):

    McMurdo JA, Dalton JA, Kelly J

  • Date:

    12 Aug 2022

  • Selected for Reporting:

    Editor's Note

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2022] QSC 5814 Apr 2022Application for bail dismissed; applicant did not show why continued detention in custody not justified; BA s 16(2A) forbids court from having regard to monitoring device condition imposable under BA s 11(9B) when assessing risk: Burns J.
Notice of Appeal FiledFile Number: CA5431/2210 May 2022Notice of appeal filed.
Appeal Determined (QCA)[2022] QCA 14512 Aug 2022Appeal dismissed; submitted that primary judge erred in consideration of BA ss 16(2A) and 11(9B); submitted that proper construction that court must not consider effect on risk of imposing condition in isolation from other conditions; construction involves reading in words too much at variance with language used; provisions contemplate (limited) situation where condition necessary although risk acceptable: McMurdo JA, Dalton JA, Kelly J.

Appeal Status

Appeal Determined (QCA)

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