Attorney-General (Qld) v Lawrence - [2014] QCA 103

SUPREME COURT OF QUEENSLAND

CITATION:

Attorney-General (Qld) v Lawrence [2014] QCA 103

PARTIES:

ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(applicant)
v
MARK RICHARD LAWRENCE
(respondent)

FILE NO/S:

Appeal No 4117 of 2014
SC No 7468 of 2007

DIVISION:

Court of Appeal

PROCEEDING:

Application for Stay of Execution

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

6 May 2014

DELIVERED AT:

Brisbane

HEARING DATE:

2 May 2014

JUDGE:

Gotterson JA

ORDER:

The order made in the trial division on 2 May 2014 concerning the respondent, Mark Richard Lawrence, be stayed until the completion of the hearing of the applicant’s appeal against those orders.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL- PRACTICE AND PROCEDURE – QUEENSLAND – STAY OF PROCEEDINGS – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – where an order was made rescinding the respondent’s continuing detention order – where pursuant to s 30(3) of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) the trial judge released the respondent from custody subject to a supervision order – where the applicant filed a notice of appeal and applied to the Court of Appeal for a stay of execution of the order – where arrangements have been made for an earlier than usual hearing of the appeal – whether there are substantial grounds to the appeal – whether the appellant will lose the benefit of a successful appeal if the primary judgment is not stayed – whether the order ought to be stayed until the hearing and determination of the appeal

Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), s 16, s 30
Uniform Civil Procedure Rules 1999 (Qld), r 761(2)

Attorney-General (Qld) v Beattie[2007] QCA 96, cited
Attorney-General for the State of Queensland v Fardon[2011] QCA 111, applied
Attorney-General for the State of Queensland v Lawrence[2011] QCA 301, cited
Attorney-General (Qld) v Lawrence[2011] QCA 347, cited
Attorney-General (Qld) v Lawrence [2014] QSC 77, related
House v The King (1936) 55 CLR 499; [1936] HCA 40, cited

COUNSEL:

P Dunning QC SG, with J Rolls, for the applicant
J Allen for the respondent

SOLICITORS:

Crown Law for the applicant
Legal Aid Queensland for the respondent

GOTTERSON JA: The applicant, Attorney-General for the State of Queensland, has applied for a stay of orders made by a judge of the trial division on 2 May 2014. Those orders concern the respondent, Mark Richard Lawrence. They are as follows:

1. The decision made on 3 October 2008 that the respondent is a serious danger to the community in the absence of an order pursuant to Division 3 Part 2 of the Act be affirmed;

2. The continuing detention order made on 8 October 2008 be rescinded; and

3. The respondent be released from custody on 2 May 2014 and from that time be subject to the requirements which are set out in the reasons for judgment for a period of 15 years from the date of his release.[1]

The Act to which order 1 is…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2014] QCA 103
Decision Date: 6 May 2014

CaseChat Overview and Summary

The case of Attorney-General (Qld) v Lawrence involved the Attorney-General of Queensland as the appellant and Mark Richard Lawrence as the respondent. The dispute revolved around a decision made by the trial judge to rescind the respondent's continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The trial judge subsequently released the respondent from custody, subject to a supervision order. The Attorney-General filed a notice of appeal against the trial division's order and applied to the Court of Appeal for a stay of execution of the order, which was made on 2 May 2014.

The primary legal issues that the Court of Appeal needed to decide were whether there were substantial grounds for the appeal and whether the appellant would lose the benefit of a successful appeal if the primary judgment was not stayed. The Court had to consider whether the order should be stayed until the hearing and determination of the appeal. The Court examined the merits of the appeal, the potential impact on the respondent if the order was not stayed, and the broader implications of the case for the administration of justice.

The Court of Appeal found that there were substantial grounds for the appeal and that the appellant would lose the benefit of a successful appeal if the primary judgment was not stayed. The Court considered the arrangements made for an earlier than usual hearing of the appeal and concluded that it was appropriate to stay the order until the completion of the hearing of the appeal. The Court emphasised the importance of ensuring that justice is served in a timely and efficient manner, while also protecting the rights of all parties involved.

The final order of the Court of Appeal was that the order made in the trial division on 2 May 2014 concerning the respondent, Mark Richard Lawrence, be stayed until the completion of the hearing of the applicant's appeal against those orders. This decision allowed the appellant to pursue its appeal without the risk of the respondent being released from custody before the appeal was determined.

Orders

Orders of the court

The order made in the trial division on 2 May 2014 concerning the respondent, Mark Richard Lawrence, be stayed until the completion of the hearing of the applicant’s appeal against those orders.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Attorney-General (Qld) v Lawrence [2014] QCA 103
PARTIES:	ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND (applicant) v MARK RICHARD LAWRENCE (respondent)
FILE NO/S:	Appeal No 4117 of 2014 SC No 7468 of 2007
DIVISION:	Court of Appeal
PROCEEDING:	Application for Stay of Execution
ORIGINATING COURT:	Supreme Court at Brisbane
DELIVERED ON:	6 May 2014
DELIVERED AT:	Brisbane
HEARING DATE:	2 May 2014
JUDGE:	Gotterson JA
ORDER:	The order made in the trial division on 2 May 2014 concerning the respondent, Mark Richard Lawrence, be stayed until the completion of the hearing of the applicant’s appeal against those orders.
CATCHWORDS:	APPEAL AND NEW TRIAL – APPEAL- PRACTICE AND PROCEDURE – QUEENSLAND – STAY OF PROCEEDINGS – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – where an order was made rescinding the respondent’s continuing detention order – where pursuant to s 30(3) of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) the trial judge released the respondent from custody subject to a supervision order – where the applicant filed a notice of appeal and applied to the Court of Appeal for a stay of execution of the order – where arrangements have been made for an earlier than usual hearing of the appeal – whether there are substantial grounds to the appeal – whether the appellant will lose the benefit of a successful appeal if the primary judgment is not stayed – whether the order ought to be stayed until the hearing and determination of the appeal Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), s 16, s 30 Uniform Civil Procedure Rules 1999 (Qld), r 761(2) Attorney-General (Qld) v Beattie[2007] QCA 96, cited Attorney-General for the State of Queensland v Fardon[2011] QCA 111, applied Attorney-General for the State of Queensland v Lawrence[2011] QCA 301, cited Attorney-General (Qld) v Lawrence[2011] QCA 347, cited Attorney-General (Qld) v Lawrence [2014] QSC 77, related House v The King (1936) 55 CLR 499; [1936] HCA 40, cited
COUNSEL:	P Dunning QC SG, with J Rolls, for the applicant J Allen for the respondent
SOLICITORS:	Crown Law for the applicant Legal Aid Queensland for the respondent