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R v Paddison[2013] QSCPR 2

Published as a judgment at [2013] QSC 309 

R v Paddison[2013] QSCPR 2

Published as a judgment at [2013] QSC 309 
CITATION: R v Paddison [2013] QSCPR 2
JUDGE(S): Philippides J
DELIVERED ON: 06 November 2013
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Editorial Notes

  • Published Case Name:

    R v Paddison

  • Shortened Case Name:

    R v Paddison

  • MNC:

    [2013] QSCPR 2

  • Judge(s):

    Philippides J

  • Date:

    06 Nov 2013

Litigation History

EventCitation or FileDateNotes
Primary JudgmentSC87/12 (No citation)-P pleaded guilty to and was convicted of one count of importing and one count of attempted possession. He was also convicted, following trial, of a further count of importing.
Primary Judgment[2012] QSC 43330 Apr 2012H, P and N's pre-trial applications for permanent stay of proceedings, founded upon delay and course and consequences of initial prosecution, which had relied upon an erroneous legal premise (as to which see [2011] HCA 51, allowing appeal from [2010] QCA 371), refused: Henry J.
Primary Judgment[2012] QSC 31731 Oct 2012H, P and N's pre-trial applications for exclusion of evidence of certain Crown witness, R, dismissed; although, on a proper construction of Code s 590AA(3), Byrne SJA's s 590AA ruling prior to initial trial (as to which see appeal chain in respect of [2010] QCA 371) was not binding, the applicants being retried on a fresh indictment (SC87/12), the applications were, in the light of that ruling, an abuse of process; in any event, the applications would have failed on the merits: Dalton J.
Primary Judgment[2013] QSCPR 1 [2013] QSC 5511 Mar 2013N's pre-trial application for exclusion of certain evidence refused: Philippides J.
Primary Judgment[2013] QSC 309 [2013] QSCPR 206 Nov 2013P’s application for separate trial from H and N refused: Philippides J.
Primary JudgmentSC87/12 (No citation)11 Nov 2013N convicted, upon pleas of guilty, of one count of possession and one count of attempted possession.
Primary Judgment[2013] QSCPR 3 [2013] QSC 32427 Nov 2013Crown application for ruling, in P’s case, as to admissibility of similar fact evidence: Philippides J.
Primary JudgmentSC87/12 (No citation)05 Feb 2014On each count, N sentenced to 15 years' imprisonment (to be served concurrently) with a non-parole period of 10 years; P sentenced on each count to 19 years’ imprisonment (concurrent) with a non-parole period of 12.5 years.
Primary Judgment[2014] QSC 40 [2014] QSCPR 117 Mar 2014H’s application to exclude evidence of certain telephone intercepts refused: Philippides J.
Primary JudgmentSC87/12 (No citation)28 Mar 2014H convicted after trial of one count of importing and one count of attempted possession; he was acquitted of a further count of importing and a count of possession.
Primary JudgmentSC87/12 (No citation)10 Apr 2014H sentenced to concurrent terms of 27 years' imprisonment with a non-parole period of 18 years.
Appeal Determined (QCA)[2014] QCA 25914 Oct 2014N’s application for extension of time to appeal against convictions refused; proposed appeal not viable; convictions not tainted by miscarriage of justice; proceedings not an abuse of process (application for permanent stay refused in [2012] QSC 433). Leave to appeal against sentence refused; non-parole period not interfered with; applicant unable to demonstrate error in approach to fixing non-parole period or that it was manifestly excessive: Holmes and Gotterson JJA and McMurdo J.
Appeal Determined (QCA)[2015] QCA 29218 Dec 2015H's appeal against convictions dismissed; jury’s guilty and not guilty verdicts not inconsistent; complaints regarding wrongful admission of evidence, including telephone intercepts considered in [2014] QSC 40 and evidence of witness R the subject of [2012] QSC 317 (and SC73/08, 9 May 2008, Byrne SJA) dismissed. Leave to appeal against sentence refused; no demonstrated error in fact-finding; sentence not manifestly excessive: Holmes CJ, McMurdo P, Gotterson JA.
Special Leave Refused (HCA)[2017] HCATrans 7207 Apr 2017H’s special leave application refused; proposed appeal did not enjoy sufficient prospects of success: Kiefel CJ and Bell J.

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

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