Turner v Commonwealth Director of Public Prosecutions

[2017] QCA 30

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Procedure
3. › Bail
4. › Sureties
5. › Forfeiture of surety
6. › Whether accused failed to appear in accordance with undertaking
7. › Whether service of court direction at residential bail address sufficient
8. › Bail Act 1980 (Qld), ss 20(3A)(a)(iii), 31(1), 32(1), 36A
1. Statutes
2. › Acts of Parliament
3. › Interpretation
4. › Meaning of 'personally'
5. › Whether same word used in different senses in same provision
6. › Purposive construction
7. › Whether strict construction of penal statute applies
8. › Bail Act 1980 (Qld), s 20(3A)(a)(iii)
9. › Acts Interpretation Act 1954 (Qld), ss 14A, 14B

Quick Take

The word 'personally' where it first appears in s 20(3A)(a)(iii) of the Bail Act 1980 (Qld) means 'as an individual person' (distinguishing the defendant from their lawyer), not 'in person'. Service of notice of a court direction at the defendant's residential bail address is sufficient under s 36A, even where the defendant has absconded and their lawyers have withdrawn. Where a bail undertaking contains only a residential address, that address is taken to be the address for service of notices under s 20(2A).

Case Details

Citation[2017] QCA 30

CourtQCA

JurisdictionQueensland

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Relies on11

2013Director of Public Prosecutions v PriestleyNSWSC 407
2005R v LavenderHCA 37
1988Murphy v FarmerHCA 31
1981Clyne v Deputy Federal Commissioner of TaxationHCA 40
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