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Home > Qld Judgments > Supreme Court: Court of Appeal 2002 > Doonan v McKay [2002] QCA 514

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[Full-text PDF] Doonan v McKay [2002] QCA 514 (02/0228) Brisb de Jersey CJ Williams JA Mullins J 29/11/2002

Catchwords

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS – STAY OF PROCEEDINGS – GENERALLY – where respondent was allegedly in breach of tree clearing permit restrictions in contravention of s 53(1)(b) of the Forestry Act 1959 (Qld) – whether learned Magistrate and District Court judge erred in granting a permanent stay of the proceedings to prosecute for either improper purpose, internal oppression or objective injustice – considerations relevant to grant of stay discussed