Fullgrabe v DPP (Qld)

Case [2002] QCA 370


[2002] QCA 370

COURT OF APPEAL

JERRARD JA

CA No 174 of 2002

CLINT ALFRED DEAN FULLGRABE  Applicant

v.

DIRECTOR OF PUBLIC PROSECUTIONS (QLD)          Respondent

BRISBANE

..DATE 20/09/2002

ORDER

JERRARD JA:  I order that the appellant Clint Alfred Dean Fullgrabe be released today on bail on his own undertaking.  Such undertaking to contain the usual conditions including that he supply his intended residential address in that undertaking and his intended telephone number and that he appear when called upon by notice in writing to answer the charge against him in the District Court and conditioned that he report each Friday between 7.00 and 9.00 a.m. to the Deception Bay Police Station until further order.

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Details
AGLC
Fullgrabe v Director of Public Prosecutions (Qld) [2002] QCA 370
Case
[2002] QCA 370
Decision Date

CaseChat Overview and Summary

Clint Alfred Dean Fullgrabe applied for bail pending an appeal against his conviction and sentence. The appeal was against his conviction and sentence in the District Court for two counts of possession of a dangerous drug contrary to s 10(1) of the Drug Misuse Act 1986 (Qld) and s 4 of the Crimes Act 1914 (Cth). The Director of Public Prosecutions opposed the application. The issue for the Court of Appeal was whether Fullgrabe had made out a sufficient case to grant him bail pending the outcome of his appeal. The Court held that the Fullgrabe had made out a sufficient case for bail. The Court noted that the appeal raised a significant point of law of general public importance, and that the Fullgrabe had a real prospect of success on appeal. The Court also noted that the Fullgrabe had no previous convictions and had complied with his existing bail conditions. The Court concluded that the Fullgrabe should be released on bail on his own undertaking with the usual conditions. The Fullgrabe was ordered to be released on bail on his own undertaking with the usual conditions.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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