R v Long (No 1)

[2001] QCA 318

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 2001

DIVISION:

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 dissenting

ORDER:

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…