R v Martin

[2015] QCA 2

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Procedure
4. › Second appeal
5. › Jurisdiction to entertain further appeal after appeal determined on merits
6. › Whether right of appeal exhausted
7. › Grierson principle
8. › Criminal Code 1899 (Qld), s 668D
1. Criminal Law
2. › Appeal and new trial
3. › Procedure
4. › Second appeal
5. › Whether fraud in obtaining conviction displaces Grierson principle
6. › Whether alleged breach of Police Powers and Responsibilities Act 2000 (Qld) constitutes fraud
1. Constitutional Law (Qld)
2. › Constitution of Queensland Act 2001 (Qld)
3. › Sections 58 and 59
4. › Whether constitutional provisions override Criminal Code and Grierson principle to permit second appeal

Quick Take

The Grierson principle continues to bar second appeals under s 668D of the Criminal Code 1899 (Qld) where the first appeal has been determined on the merits. An alleged failure to comply with police detention time limits under the Police Powers and Responsibilities Act 2000 (Qld) does not by itself amount to fraud capable of displacing the Grierson principle. The question whether fraud can ever displace the Grierson principle remains open.

Case Details

Citation[2015] QCA 2

CourtQCA

JurisdictionQueensland

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Cited by1

2016R v PearsonQCA 8

Relies on3

2014R v StanleyQCA 116
2011R v MartinQCA 342
1938Grierson v RHCA 45

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