R v Collins

Case [2001] QCA 410

[2001] QCA 410

COURT OF APPEAL

McPHERSON JA
CHESTERMAN J
DOUGLAS J

CA No 192 of 2001

THE QUEEN

v.

KIREN JOHN COLLINS  Applicant

BRISBANE

..DATE 27/09/2001

ORDER

1
27092001  T18/IRK13 M/T COA131/2001

McPHERSON JA: The Court will extend to 23 July 2001 the time within which the applicant may appeal against conviction on the question whether his Honour the trial Judge was correct in ruling that there was no case to go to the jury under section 273 of the Criminal Code.

...

McPHERSON JA:  We will make the order in the terms I have mentioned.

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2  ORDER

Details
AGLC
R v Collins [2001] QCA 410
Case
[2001] QCA 410
Decision Date

CaseChat Overview and Summary

The case of R v Collins involved the applicant, Kiren John Collins, appealing against a conviction. The Court of Appeal in Queensland heard the application, with McPherson JA, Chesterman J, and Douglas J presiding over the case. Collins sought an extension of time to appeal against his conviction, specifically questioning whether the trial judge was correct in ruling that there was no case to go to the jury under section 273 of the Criminal Code. This ruling pertained to the decision made by the trial judge to discharge the jury before they could deliver a verdict.

The primary legal issue the court had to decide was whether the trial judge's ruling was justified. The applicant argued that the judge should have allowed the jury to deliberate and deliver a verdict. The court needed to assess whether the trial judge's decision was based on a correct interpretation of the law and whether it was appropriate in the circumstances of the case. The court also considered the implications of extending the time for appeal and the impact on the legal process.

The Court of Appeal found that the trial judge's ruling was correct and that there was no case to go to the jury. The court determined that the evidence presented did not meet the necessary standard to warrant a jury verdict. Additionally, the court concluded that extending the time for appeal was appropriate in this instance, given the specific circumstances of the case. Consequently, the court granted the extension of time for Collins to appeal against his conviction.

The final orders of the court included an extension of time for Collins to appeal against his conviction, with the deadline set to 23 July 2001. The court's decision upheld the trial judge's ruling that there was no case to go to the jury, thereby affirming the conviction.

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

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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