SUPREME COURT OF QUEENSLAND
CITATION: Re Robert Paul Long [2001] QCA 318 PARTIES: In the matter of an application for a change of venue by ROBERT PAUL LONG
(applicant)FILE NO/S: CA No 113 of 2001
SC No 1 of 2001DIVISION: Court of Appeal PROCEEDING: Miscellaneous Application (Criminal) ORIGINATING COURT: Supreme Court at Bundaberg
DELIVERED ON: 10 August 2001 DELIVERED AT: Brisbane HEARING DATE: 30 July 2001 JUDGES: McMurdo P, Williams JA and Byrne J
Separate reasons for judgment of each member of the Court, Williams JA and Byrne J concurring as to the order made, McMurdo P dissentingORDER: The application for extension of time within which to appeal and the appeal are dismissed CATCHWORDS: CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – HOMICIDE – PROPERTY OFFENCES – ARSON - where applicant charged with arson and murder – where indictment presented in Supreme Court at Bundaberg – where application made under s 559 Criminal Code for change of venue – where application refused – where applicant seeks to appeal that interlocutory order - whether there is a right of appeal from an order of a judge refusing an application for change of venue on indictment before the Supreme Court
PROCEDURE – MISCELLANEOUS PROCEDURAL MATTERS – JURISDICTION – CRIMINAL MATTERS - whether s 559 Criminal Code is limited by s 592A Criminal Code – where application for change of venue is not expressly provided for by s 592(A)(2) – where a s 559 application is caught by the general wording of s 592A – where rulings made under s 592A are binding unless ‘special reason’ is shown – where s 592A(4) operates to prevent an appeal from an interlocutory order prior to conviction
PROCEDURE – MISCELLANEOUS PROCEDURAL MATTERS – JURISDICTION – CRIMINAL MATTERS - whether s 69(1)(a) Supreme Court of Queensland Act 1991 (Qld) provides the Court of Appeal with jurisdiction to entertain an appeal from an order of a Judge of the trial division of the Supreme Court in an interlocutory way in a criminal matter – R v Lowrie applied – no right of appeal against an order made in an interlocutory way in relation to a trial on indictment – s 69 does not confer upon the Court of Appeal any appellant jurisdiction not formally possessed by the Full Court or the Court of Criminal Appeal.
PROCEDURE – MISCELLANEOUS PROCEDURAL MATTERS – DECLARATIONS - CRIMINAL PROCEEDINGS - whether s 69 Supreme Court of Queensland Act 1991 (Qld) is subject to the Criminal Code – where Criminal Code limits appeals from criminal matters commenced by indictment – R v Lowrie applied - where s 69 does not enlarge rights of appeal conferred by Chapter 67 of the Criminal Code in proceedings on indictment
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JURISDICTION - where s 223 Supreme Court Act 1995 (Qld) permits the Court of Appeal to order a change of venue - where such power is only to be exercised in appropriate circumstances…
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- AGLC
- R v Long (No 1) [2001] QCA 318
- Case
- [2001] QCA 318
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
The application for extension of time within which to appeal and the appeal are dismissed
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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