Coleman v Power [2004] HCA 39

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJ

PATRICK JOHN COLEMAN APPELLANT

AND

BRENDAN JASON POWER & ORS RESPONDENTS

Coleman v Power

[2004] HCA 39

1 September 2004

B98/2002

ORDER

1. Appeal allowed.

2. So much of the order of the Court of Appeal of Queensland made on 30 November 2001 as deals with the order of Pack DCJ in the District Court of Queensland dated 26 February 2001 is varied by substituting the following:

The orders of Pack DCJ dated 26 February 2001 are set aside and in lieu thereof it is ordered that:

(a) the appeals to the District Court are allowed in respect of the convictions recorded in respect of the charges laid under s 7(1)(d) and s 7A(1)(c) of the Vagrants, Gaming and Other Offences Act 1931 (Q) and the convictions and sentences in respect of those charges are set aside;

(b) the appeals to the District Court are otherwise dismissed; and

(c) the respondents pay the appellant one half of the appellant's costs of and incidental to the appeals, those costs to be assessed.

3. Respondents to pay the appellant's costs in this Court.

On appeal from Supreme Court of Queensland

Representation:

W P Lowe with A D R Gibbons for the appellant (instructed by Patricia White & Associates)

G J Gibson QC with P J Davis for the first and second respondents (instructed by Queensland Police Service Solicitor)

P A Keane QC, Solicitor-General of the State of Queensland, with G R Cooper for the third respondent (instructed by Crown Solicitor for the State of Queensland)

D M J Bennett QC, Solicitor-General of the Commonwealth, with R G McHugh and B D O'Donnell intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)

M G Sexton SC, Solicitor-General for the State of New South Wales, with M J Leeming intervening on behalf of the Attorney-General for the State of New South Wales (instructed by Crown Solicitor for the State of New South Wales)