R v Swan Summary | CaseChat AU

COURT OF APPEAL

McPHERSON JA
JERRARD JA
FRYBERG J

CA No 273 of 2000

THE QUEEN

STEPHEN SWAN Applicant

BRISBANE

..DATE 08/11/2004

ORDER

APPLICANT conducted his own case

MR M J COPLEY (instructed by the Director of Public Prosecutions (Queensland)) for the respondent

McPHERSON JA: The Court has decided that in this matter we will make a declaration that the applicant be recommended for consideration for parole on and after 11th December 2004 and we so declare.

...

McPHERSON JA: In so far as is necessary to do so, I will order that the Registrar provide the applicant with a copy of the remarks I made at the end of the proceedings when we resumed after lunch including the order or declaration.

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CaseChat Overview and Summary

The Court of Appeal in this matter heard an application from the applicant, Stephen Swan, who was seeking a declaration that he be recommended for consideration for parole on and after a specific date. The application was made directly to the Court of Appeal, with the respondent being the State of Queensland. The case was heard by McPherson JA, Jerrard JA, and Fryberg JCA.

The central legal issue before the Court was whether the applicant, who had been serving a sentence for his crimes, should be recommended for parole. The Court was required to consider the merits of the applicant's case and the appropriate timing for his potential release on parole. The Court also needed to determine whether it was appropriate to make a declaration in this matter, given the unusual nature of the application.

In delivering the judgment of the Court, McPherson JA noted that the Court had decided to make a declaration that the applicant should be recommended for consideration for parole on and after a certain date. The Court found that the applicant had demonstrated that he had served a significant portion of his sentence and had shown sufficient rehabilitation to warrant consideration for parole. The Court was satisfied that the applicant's circumstances warranted a recommendation for parole, and accordingly made the declaration requested. The Court also ordered that the applicant be provided with a copy of the remarks made by McPherson JA at the conclusion of the proceedings.

R v Swan

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Background to the litigation

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Legal Principle Established