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Commonwealth Director of Public Prosecutions v Philip Leach[2019] QDCPR 60

Commonwealth Director of Public Prosecutions v Philip Leach[2019] QDCPR 60

CITATION: Commonwealth Director of Public Prosecutions v Philip Leach [2019] QDCPR 60
JUDGE(S): Smith DCJA
DELIVERED ON: 13 November 2019
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Editorial Notes

  • Published Case Name:

    Commonwealth Director of Public Prosecutions v Philip Leach

  • Shortened Case Name:

    Commonwealth Director of Public Prosecutions v Philip Leach

  • MNC:

    [2019] QDCPR 60

  • Court:

    QDCPR

  • Judge(s):

    Smith DCJA

  • Date:

    13 Nov 2019

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2019] QDCPR 6013 Nov 2019CDPP directed to provide complete copy of all material in its possession to accused: Smith DCJA.
Primary Judgment[2020] QDCPR 420 Feb 2020Defence application for further disclosure: Smith DCJA.
Primary Judgment[2020] QDC 4224 Mar 2020Pre-trial application by accused; CDPP proposed to conduct retrial (see [2018] QCA 131) without regard to material obtained at compulsory examination of accused; indictment quashed but permanent stay refused (consequently unnecessary to determine constitutional issues remitted in [2019] HCATrans 138); ruling that disclosure of information obtained at compulsory examination in application for search warrant unauthorised and evidence obtained pursuant thereto obtained unlawfully: Smith DCJA.
Appeal Determined (QCA)[2022] QCA 7 (2022) 10 QR 40; (2022) 364 FLR 7209 Feb 2022Accused’s application in respect of [2020] QDC 42, challenging refusal to grant permanent stay and conclusion that unnecessary to determine constitutional issues, dismissed; CDPP’s Code s 668A reference in respect of [2020] QDC 42, querying whether Smith DCJA correct in ruling that evidence obtained pursuant to search warrant obtained unlawfully, answered negatively: Bond JA (Fraser and Morrison JJA agreeing).
Appeal Determined (QCA)[2022] QCA 23 (2022) 295 A Crim R 45401 Mar 2022Orders relating to redaction of material in [2022] QCA 7 disclosing content of compulsory examination: Fraser, Morrison and Bond JJA.
Special Leave Refused (HCA)[2022] HCASL 15719 Sep 2022Application for special leave to appeal against [2022] QCA 7 refused: Gageler and Steward JJ.

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

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