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Types of appeals in Queensland and the Federal Courts

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Legal advice

Appeals in the law are creatures of statute: Attorney-General v Sillem [1864] EngR 352; (1864) 10 HLC 704 at 720-721, Mickelberg v The Queen [1989] HCA 35, Deane J at [4], R v Ferguson; ex parte A-G (Qld) [2008] QCA 227 at [20]. In other words, they never existed at common law, but were instead created by legislation. Therefore, appeals can only be made and determined in accordance with statutory provisions and Court rules about appeals, and primary regard must be had to them. The “common law” of appeals is the case law of interpretation of such provisions.

The joint judgment of Gleeson CJ, Gummow and Kirby JJ in Fox v Percy (2003) 214 CLR 118 distinguished between four types of appeals:

“[20] Appeal is not, as such, a common law procedure. It is a creature of statute. In Builders Licensing Board v Sperway Constructions (Syd) Pty Ltd, Mason J distinguished between (i) an appeal stricto sensu, where the issue is whether the judgment below was right on the material before the trial court; (ii) an appeal by rehearing on the evidence before the trial court; (iii) an appeal by way of rehearing on that evidence supplemented by such further evidence as the appellate court admits under a statutory power to do so; and (iv) an appeal by way of a hearing de novo. There are different meanings to be attached to the word “rehearing”. The distinction between an appeal by way of rehearing and a hearing de novo was further considered in Allesch v Maunz. Which of the meanings is that borne by the term “appeal”, or whether there is some other meaning, is, in the absence of an express statement in the particular provision, a matter of statutory construction in each case.”

It is important for practitioners to understand the different types of appeals in order to be able to know the nature of each type, and therefore how they will be considered and determined. Such knowledge is a prerequisite for practitioners to appraise themselves of the prospects of success in such appeals they may act in.

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How you can save on legal fees

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This post discussed why legal fees tend to be so high. The good news is that as a client there are a number of ways you can reduce your legal fees, as the rest of this article will show.
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Jarryd Hayne sentenced to five years and nine months imprisonment for sexual assault

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Rugby league star Jarryd Hayne was found guilty of two counts of sexual intercourse without consent.

Hayne had pleaded not guilty and denied sexually assaulting the then 26-year-old woman at her home at Fletcher, on Newcastle’s outskirts, in September 2018.

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Jarryd Hayne found guilty of sexual assault

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Rugby league star Jarryd Hayne was today found guilty of two counts of sexual intercourse without consent.

Hayne had pleaded not guilty and denied sexually assaulting the then 26-year-old woman at her home at Fletcher, on Newcastle’s outskirts, in September 2018.

His first trial in Newcastle last year ended in a hung jury, however the jury found him guilty of performing oral and digital sex on the complainant without her consent.

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Claremont killer declines to appeal

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Claremont killer Bradley Robert Edwards has not appealed against his convictions for two murders, nor his sentences.

THE FACTS

The murders


On 27 January 1996, a secretary aged 18 named Sarah Spiers disappeared after leaving Club Bay View in Claremont and calling a taxi from a nearby phone booth. Her body was never found.On 9 June 1996, Jane Rimmer, a 23 year old childcare worker, was last seen alive outside Claremont’s Continental Hotel on 3 August 1996, Her body was found in bushland at Wellard in Perth’s south on March 15, 1997.

Ciara Glennon, a solicitor aged 27, was last seen in Claremont after visiting the Continental Hotel on 3 April 1997. Her body was later found in bushland at Eglinton in Perth’s north.
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Bradley Robert Edwards given life with non-parole period of 40 years for two Claremont murders

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The Claremont killer
THE FACTS

The murders

On 27 January 1996, a secretary aged 18 named Sarah Spiers disappeared after leaving Club Bay View in Claremont and calling a taxi from a nearby phone booth. Her body was never found.

On 9 June 1996, Jane Rimmer, a 23 year old childcare worker, was last seen alive outside Claremont’s Continental Hotel on 3 August 1996, Her body was found in bushland at Wellard in Perth’s south on March 15, 1997.

Ciara Glennon, a solicitor aged 27, was last seen in Claremont after visiting the Continental Hotel on 3 April 1997. Her body was later found in bushland at Eglinton in Perth’s north.
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Bradley Robert Edwards found guilty of two of the three Claremont killings

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DNA testing in recent decades has miraculously proven the guilty of the guilty and acquitted the innocent, often many years after the fact. In California, it revealed the identity of the Golden State Killer, and resulted in his convictions for his murderous crimes. The case of the Claremont murders is the latest example of crimes catching up to killers long afterwards, all thanks to DNA.

The Claremont killer
THE FACTS

The murders

On 27 January 1996, a secretary aged 18 named Sarah Spiers disappeared after leaving Club Bay View in Claremont and calling a taxi from a nearby phone booth. Her body was never found.

On 9 June 1996, Jane Rimmer, a 23 year old childcare worker, was last seen alive outside Claremont’s Continental Hotel on 3 August 1996, Her body was found in bushland at Wellard in Perth’s south on March 15, 1997.

Ciara Glennon, a solicitor aged 27, was last seen in Claremont after visiting the Continental Hotel on 3 April 1997. Her body was later found in bushland at Eglinton in Perth’s north.

A male driver, either in a Telstra vehicle or identifying himself as a Telstra worker, had been seen giving lifts to women in Claremont or neighbouring Cottesloe.

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Recalling the infamous “Order me a f*&%ing pizza while you’re at it” incident

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Background

David Allan Baker had been charged with attempted murder and had sacked his barrister and solicitors on an earlier occasion when his trial came on for hearing.

Baker’s trial was set to commence before Justice Martin Daubney on 4 June 2012, but the day before he again sacked his legal representatives and the matter came on before the court on an application by his second set of legal representatives for leave to withdraw after he had dispensed with their services. Continue reading “Recalling the infamous “Order me a f*&%ing pizza while you’re at it” incident”

Neil Andrew Pentland found not guilty of murder of Philip Carlyle

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After a lengthy judge-only trial, Pentland was acquitted.

Neil Andrew Pentland
THE FACTS

In 1996, Neil Pentland and his wife Dianne set up a company called ATNET Pty Ltd. Pentland was a director and the secretary of the company. The shares were held by him and his wife. The initial operation of the company involved assisting clients to set up email accounts and with basic internet functions. Mr Carlyle was employed by the company as its marketing manager from late 1996. He was not a shareholder but there was an agreement which would have allowed him to buy 30% of the company’s shares for $30,000 at a later time.

Philip Carlyle was murdered on 13 April 1997. He had been lured, or coerced, into a small, sound-proofed plant room in an office building at Robina. He was then shot in the head and neck with four .32 calibre steel jacket bullets. The weapon used to kill Mr Carlyle has never been found.
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Why you shouldn’t talk to the police

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Outside of the legal realm, telling your side of the story at the earliest opportunity may be often a good idea. But in legal matters, things work very differently. In many situations, saying less is better than saying more, and saying nothing at all is better than saying anything.
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